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April 18, 2018
General
How Should False Claims Act Damages be Calculated?
Submitting a False Claim & Calculating Government Damages A party who has been found to have submitted a false claim, or who has caused the submission of a false claim to the United States under the False Claims Act is liable for civil penalties of no more than $11,000 and no less […]
April 18, 2018
General
False Claims Act
What is the False Claims Act? The Federal False Claims Act (“FCA”) is the primary weapon in combating fraud against the United States federal government. The FCA covers fraudulent claims made against any federal agency, program, contract, or grant. Many states have similar laws to protect themselves against the fraud. […]
April 18, 2018
General
Texas False Claims Act
In 1995, the State of Texas passed its own version of the federal False Claims Act (“FCA”), the Texas Medicaid Fraud Prevention Act (“TMFPA”). The TMFPA is specifically geared toward combatting fraud against the Texas Medicaid Program. The Texas Medicaid Program provides healthcare and prescription drug coverage to low-income individuals. […]
April 18, 2018
General
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
General
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
General
“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
General
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
General
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
General
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
General
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
General
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
General
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 […]
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