Berger Montague PC Investigates ADMA Biologics, Inc.’s...
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May 15, 2017
General
Third Circuit Decides Important Medical Necessity False Claims Act Case Brought By Qui Tam Whistleblower
On May 1, 2017, the United States Court of Appeals for the Third Circuit decided U.S. ex rel. Petratos v. Genentech, Inc. et al., C.A. No. 15-3805 (3rd Cir. 2017), a qui tam lawsuit filed pursuant to the federal False Claims Act (“FCA”) and the False Claims Acts of the […]
May 12, 2017
General
Misclassification of Employees May Form the Basis of an IRS Whistleblower Complaint, Part II
In Part I of this blog series, we discussed which taxes employers must withhold from employees, as well as the Internal Revenue Code’s definition of “employee.” In this blog post, we will review the factors that determine whether an individual is an employee or independent contractor and discuss the consequences […]
May 10, 2017
General
Misclassification of Employees May Form the Basis of an IRS Whistleblower Complaint, Part I
Under the Internal Revenue Code, employers must withhold federal income tax as well as social security tax from the wages they pay to employees. In addition, employers must pay social security and unemployment taxes on behalf of their employees.[1] “These taxes are known collectively as ’employment taxes.'” Greco v. IRS, 380 F. […]
May 3, 2017
General
How to Report Tax Fraud
The Internal Revenue Service (“IRS”) has had a reward program for whistleblowers since 2006. 26 U.S.C 7623. Several individuals have received rewards in the seven and eight digit range. The process is simpler than filing a False Claims Act (“FCA”) complaint, and typically, very little is required from the whistleblower […]
April 28, 2017
General
Violations of “Buy American” Laws Can Be Grounds for Lawsuits Under the False Claims Act
In a two-part Executive Order (“EO”) issued earlier this month, the president took steps towards his campaign promise to promote “Buy American” and “Hire American” policies. This post focuses only on the “Buy” side of the EO. Any tightening of Buy American policies at the federal procurement level raises the […]featured investigations
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