April 18, 2018
False Claims Act Information
Reporting Fraud Under the New York False Claims Act The New York False Claims Act (“New York FCA”) was originally enacted on April 7, 2007 and was modeled after the Federal False Claims Act (“Federal FCA”).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
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
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
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
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
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
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 […]
April 18, 2018
False Claims Act Information
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
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
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
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
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 […]