featured news

Applying the Anti-Kickback Statute to Pursue Qui Tam Whistleblower Actions Under the Federal False Claims Act and the Delaware False Claims Act

Violations of the Anti-Kickback Statute Form the Basis of False Claims Act Liability Congress has long viewed the elimination of kickbacks as central to any efforts to combat Medicare and Medicaid fraud and abuse.  United States v. Greber, 760 F.2d 68, 70-71 (3d. Cir. 1985).  Because kickback schemes negatively affect […]

Unexpected Problems with the Qui Tam Seal

By law, qui tam cases must be filed under seal.  This means that there is no public record of the case having been filed, and the defendant is unaware of the case until the seal is lifted.  A plaintiff who breaks the seal by discussing the seal publicly may forfeit […]

What Happens If a Prospective Employer Refuses to Hire You Because You Have Been a Whistleblower Before?

Although the federal False Claims Act (“FCA”) and most state statutes provide a whistleblower with claims against retaliation by an employer, it is not clear whether that protection extends beyond the specific company that you reported against.  Unfortunately, some prospective or subsequent employers might try to avoid hiring you or […]

Sweeping Decision Leaves Intact False Claims Act Claims Against Allergan, Inc.

In an opinion issued on March 31, 2017, District Judge Jesse M. Furman of the Southern District of New York substantially denied defendant Allergan, Inc.’s motion to dismiss claims arising under the False Claims Act (“FCA”) and state statutory analogs, in litigation captioned United States ex rel. Wood v. Allergan, […]

How to Calculate Damages for False Claims Act Cases Based on Research Grant Fraud

The federal government, through its agencies, offers grant funding opportunities to private individuals and entities.  Numerous federal agencies offer grants, including the Department of Defense, Health and Human Services and the Department of Energy.  Often federal grants are aimed at funding innovative research. In a nutshell, the grant process involves […]