Under the False Claims Act (“FCA”), an organizational relator is a person with knowledge – typically a current or former employee – of a company involved in defrauding the federal government. The FCA incentivizes relators to come forward and report fraudulent activity by enabling the relator to claim a portion […]
What is the CFTC? The U.S. Commodity Futures Trading Commission (“CFTC”) is an independent government agency that regulates US futures and options markets. The CFTC’s Division of Enforcement investigates violations of the Commodity Exchange Act (“CEA”) and other CFTC regulations, including fraud, market manipulation, disruptive trading practices, and trade practice […]
Congress passed the Sarbanes-Oxley Act of 2002 (also known as “SOX” and the Corporate Responsibility Act of 2002) in response to high-profile financial scandals in the early 2000s involving publicly traded companies such as Tyco, WorldCom and Enron, which called into question the trustworthiness of corporate financial statements. Its goal is to […]
As readers of this blog well know, the False Claims Act allows individuals who become aware of fraud committed against the federal government to bring a lawsuit on the government’s behalf. Although there are a variety of restrictions, the whistleblower (also called a relator) files the case under seal, allowing […]
In an April 2019 opinion from the Eastern District of Pennsylvania, the court denied a company’s motion to require its employee to return all documents the employee had taken for purposes of reporting a suspected fraud to the government. In United States ex rel. Behnke v. CVS Caremark Corp., No. […]