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April 18, 2018 False Claims Act Information

The False Claims Act’s “First-to-File” Rule

A whistleblower considering reporting fraud under the False Claims Act should be aware that getting a qui tam case on file before any other potential whistleblower is a critical and necessary part of any potential recovery. The False Claims Act provides that “no other person other than the Government may intervene or bring a […]
April 18, 2018 SEC Fraud

Enforceable Laws Under the SEC Whistleblower Program & Foreign Corrupt Practices Act

The SEC Whistleblower Program & Foreign Corrupt Practices Act The SEC Whistleblower Program provides monetary incentives for individuals to come forward and report possible violations of the federal securities laws to the SEC. The SEC Whistleblower Program also incorporates violations of the Foreign Corrupt Practices Act (“FCPA”) as reportable misconduct to the SEC. The […]
April 18, 2018 False Claims Act Information

Amendments to the California False Claims Act

On August 16, 2012, the California Assembly passed a bill (AB 2492) amending California’s False Claims Act, Cal. Gov’t Code §§ 12650-12656, which must be signed into law by Governor Jerry Brown. The amendments largely conform the California False Claims Act to the federal False Claims Act. California False Claims Act […]
April 18, 2018 Healthcare Fraud

False Claims Actions May Rise Under Medicare Part D

A recently unsealed action brought under the False Claims Act is one of the first to allege claims related to Medicare Part D. Medicare contracts with private entities known as Part D sponsors to administer prescription drug plans. A sponsor may use subcontractors to obtain and provide the medications. Medicare  makes certain […]
April 18, 2018 SEC Fraud

Anti-Retaliation Whistleblower Protection Under Dodd-Frank

Fifth Court Differentiates Whistleblower Protection If Whistleblower Reports to SEC or Internally to Company The Fifth Circuit ruled on June 17, 2013, that anti-retaliation provisions in Dodd-Frank only protect whistleblowers who disclose alleged fraud to the U.S. Securities and Exchange Commission (“SEC”) and not just internally to the company. The […]
April 18, 2018 Healthcare Fraud

3 Types of Qui Tam Off-Label Marketing Cases

1. Off-Label Marketing vs. Off-Label Prescribing The Food and Drug Administration (“FDA”) requires that drugs be proven to be safe and effective for a particular use before they can be marketed. The FDA’s approval is always limited to use or uses for which the manufacturer has submitted evidence of safety […]
April 18, 2018 Loan Fraud

False Claims Act Liability and Fraudulent Applications for Federally Guaranteed Loans

Is there False Claims Act liability regarding fraudulent applications for federally guaranteed loans where: there are no defaults on those loans after the government guarantees them; the government is not required to expend any funds in support of those guarantees; or the government is otherwise not financially harmed? The question […]
April 18, 2018 SEC Fraud

False Claims Act’s “Alternate Remedy Provision” & The SEC Whistleblower Statute’s “Related Action” Provision

What is the False Claims Act Alternative Remedy Provision? When a relator brings a false claims action in the name of the Government under the False Claims Act (“FCA”), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding, to determine a civil money […]
April 18, 2018 False Claims Act Information

Indiana False Claims and Whistleblower Protection Act

In 2005, the State of Indiana passed the Indiana False Claims and Whistleblower Protection Act (“Indiana FCA”), its own version of the federal False Claims Act (“FCA”). The Indiana FCA allows private individuals who know about fraud to bring a qui tam case against a person or entity for submitting or causing […]
April 18, 2018 False Claims Act Information

The False Claims Act Public Disclosure Bar and the Meaning of “News Media”

What is Meant by “News Media” Under the False Claims Act? Under the False Claims Act, 31 U.S.C. 3730(e)(4)(A)(iii), “the court shall dismiss an action or claim . . . unless opposed by the government, if substantially the same allegation or transaction as alleged in the action or claims were […]
April 18, 2018 Healthcare Fraud

Anti-Kickback Medicare Part B Fraud Under the Federal False Claims Act

Waiving co-payments and deductibles required under Medicare Part B is a basis for a whistleblower to bring a claim under the federal False Claims Act. About the Medicare Part B Program Title XVIII of the Social Security Act prescribes coverage requirements under Part B of the Medicare program. Medicare Part […]
April 18, 2018 False Claims Act Information

Can a Qui Tam Relator Share in Non-Monetary Proceeds of a False Claims Act Settlement?

The False Claims Act Provides Awards to Successful Whistleblowers The False Claims Act provides for an award to a qui tam plaintiff in the event the government settles a qui tam suit. If the Government settles a qui tam action brought by a whistleblower notifying the government of fraud, the whistleblower (often called a […]
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