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April 18, 2018 SEC Fraud

SEC Whistleblower Law and the Securities Whistleblower Act

The SEC Whistleblower Statute and Statute of Limitations In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama.  Section 922 of the Act states that the SEC will be required to pay a reward to individuals who provide original information to the SEC resulting in monetary […]
April 18, 2018 False Claims Act Information

Qui Tam Relators Must Be Represented By Counsel

In three 2019 decisions, federal district courts have reiterated the established rule that whistleblowers cannot prosecute a False Claims Act (“FCA”) suit unless they are represented by counsel.  Tavares v. Rhode Island Super. Ct., 2019 WL 2269225, at *2 (D.R.I. May 28, 2019); McGhee v. Light, 2019 WL 2122893, at *2 […]
April 18, 2018 False Claims Act Information

“Original Source” Under the False Claims Act

One of the critical elements for a whistleblower in successfully bringing a qui tam lawsuit under the False Claims Act is being able to prove that the whistleblower is an “original source.” In general, courts have no jurisdiction over qui tam actions based upon the public disclosure of allegations or transactions, such […]
April 18, 2018 Healthcare Fraud

Off-Label Marketing as Misbranding in Federal False Claims Act Settlements

In recent years, the Department of Justice and qui tam plaintiffs have pursued a rash of claims involving misbranding of prescription drugs based on off-label marketing (where the drug manufacturer promotes a drug for uses not approved by the FDA or makes claims about the safety or efficacy of the drug that […]
April 18, 2018 False Claims Act Information

Immunity and Protection for Qui Tam Whistleblowers

Many qui tam whistleblowers participated, to one degree or another, in the very fraud that they later report to the government. Usually this is because they either didn’t know the law, or they needed to keep their job and felt they would be fired if they did not “go along.” […]
April 18, 2018 False Claims Act Information

New York False Claims Act

Reporting Fraud Under the New York False Claims Act The New York False Claims Act (“New York FCA”) was originally enacted on April 7, 2007 and was modeled after the Federal False Claims Act (“Federal FCA”). At the time of passage, the provisions were nearly identical to the then-1986 version of the […]
April 18, 2018 False Claims Act Information

Qui Tam Lawsuits

What is a Qui Tam Action? Whistleblower/qui tam cases are a type of lawsuit whistleblowers bring under the False Claims Act (“FCA”). They are a powerful way for qui tam whistleblowers to help the government stop many types of fraud and recover money that has been stolen from the U.S. Treasury and taxpayers. The FCA rewards whistleblowers whose […]
April 18, 2018 IRS Whistleblower

How IRS Whistleblower Claims are Filed for Awards

Whistleblowers submitting claims under Sec. 7623(a) or (b) must complete IRS Form 211, Application for Award for Original Information, in order to qualify for the whistleblower award. If they submit claims without completing the form, they will not be eligible for the reward. [1] IRS Form 211 must be completed in […]
April 18, 2018 Healthcare Fraud

Offer and Inducement Under the Anti-Kickback Statute

False claims attorneys must consider the federal Anti-Kickback Statute (“AKS”) 42 U.S.C. § 1320a-7b(b) as a possible basis for a false claims action. This statute arose out of congressional concern that remuneration provided to those who can influence healthcare decisions would result in goods and services being provided that are medically unnecessary, of poor […]
April 18, 2018 Healthcare Fraud

False Claims Act Violations Regarding Controlled Substances, Prescriptions and Pill Mills

Controlled Substances & The Controlled Substances Act Section 812 of the Controlled Substances Act ( 21 U.S.C. §801 et seq.f) (“CSA”) lists substances which were controlled in 1970 when the law was enacted. Since then, approximately 160 substances have been added, removed, or transferred from one schedule to another. The current […]
April 18, 2018 SEC Fraud

Section 922 of the Dodd-Frank Act

Securities and Exchange Commission Whistleblower Statute In response to the global financial crisis in 2008, Congress passed financial reform legislation known as the Dodd-Frank Act in 2010, which came into effect in August 2011. In addition to the sweeping new financial regulations, the Dodd-Frank Act contained whistleblower provisions to encourage and incentivize […]
April 18, 2018 False Claims Act Information

How Long Does a Whistleblower Case Take?

While fraud can be pursued by the government, many times a fraud investigation is initiated by the filing of a False Claims Act case. If an individual or group of individuals has evidence of fraud being committed against the government, they can seek to file a lawsuit under the Federal […]
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