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May 31, 2017
Contractor Fraud
Fraud in Connection With Contract Preferences or Set-Asides for Small Businesses or Businesses Owned by Veterans, Service-Disabled Veterans, Women or Disadvantaged Minorities, Part I
For decades now, the federal government has had various programs in place to provide preferences to businesses owned by groups to which the government wants to provide special opportunities. We wrote about this in a previous post and write now to expand on and update that post. In Part I […]
May 24, 2017
False Claims Act Information
“Government Knowledge Inference” Under the False Claims Act
Government knowledge no longer serves as an absolute bar to False Claims Act (“FCA”) actions as it did in the past. Now, the focus is on the defendant’s state of mind. Courts consider whether at the time of submitting the false claims to the government, the defendant fully cooperated and […]
May 22, 2017
Healthcare Fraud
Are There “Special” Frauds Involving Specialty Drugs? Part II
In Part I of this blog series, we defined the term “specialty drugs” and addressed whether fraud is common in the specialty drugs arena. In this blog post, we will examine how the federal Anti-Kickback Statute impacts specialty drug fraud, whether there are special frauds involving specialty drugs, and what […]
May 19, 2017
Healthcare Fraud
Are There “Special” Frauds Involving Specialty Drugs? Part I
If you work in an industry involving pharmaceuticals, whether as a drug sales rep, a PBM employee or a direct healthcare provider, you’ve probably heard a lot about specialty drugs. But what exactly are they? Is fraud common in this area? How do you know if your employer is playing […]
May 15, 2017
False Claims Act Legal News
Third Circuit Decides Important Medical Necessity False Claims Act Case Brought By Qui Tam Whistleblower
On May 1, 2017, the United States Court of Appeals for the Third Circuit decided U.S. ex rel. Petratos v. Genentech, Inc. et al., C.A. No. 15-3805 (3rd Cir. 2017), a qui tam lawsuit filed pursuant to the federal False Claims Act (“FCA”) and the False Claims Acts of the […]
May 12, 2017
IRS Whistleblower
Misclassification of Employees May Form the Basis of an IRS Whistleblower Complaint, Part II
In Part I of this blog series, we discussed which taxes employers must withhold from employees, as well as the Internal Revenue Code’s definition of “employee.” In this blog post, we will review the factors that determine whether an individual is an employee or independent contractor and discuss the consequences […]
May 10, 2017
IRS Whistleblower
Misclassification of Employees May Form the Basis of an IRS Whistleblower Complaint, Part I
Under the Internal Revenue Code, employers must withhold federal income tax as well as social security tax from the wages they pay to employees. In addition, employers must pay social security and unemployment taxes on behalf of their employees.[1] “These taxes are known collectively as ’employment taxes.'” Greco v. IRS, 380 F. […]
May 3, 2017
Tax Fraud
How to Report Tax Fraud
The Internal Revenue Service (“IRS”) has had a reward program for whistleblowers since 2006. 26 U.S.C 7623. Several individuals have received rewards in the seven and eight digit range. The process is simpler than filing a False Claims Act (“FCA”) complaint, and typically, very little is required from the whistleblower […]
April 28, 2017
Contractor Fraud
Violations of “Buy American” Laws Can Be Grounds for Lawsuits Under the False Claims Act
In a two-part Executive Order (“EO”) issued earlier this month, the president took steps towards his campaign promise to promote “Buy American” and “Hire American” policies. This post focuses only on the “Buy” side of the EO. Any tightening of Buy American policies at the federal procurement level raises the […]
April 26, 2017
False Claims Act Information
Advice to a Potential Relator About Taking Documents from an Employer to Support a False Claims Act Lawsuit
Common Sense Advice Your Client Can Understand It is important to advise your Relator client about the parameters of securing documents and information derived from an employer’s or former employer’s computer system. Many clients still work at the company or have left and some have signed confidential agreements. They are […]
April 24, 2017
False Claims Act Legal News
Another Appeals Court Limits One of the Barriers to a Whistleblower Lawsuit
In United States ex rel. Hayes v. Allstate Ins. Co., et al., Case No. 16705, 2017 WL 1228551 (2d Cir. Apr. 4, 2017), the Second Circuit addressed an objection that it lacked jurisdiction over a whistleblower’s qui tam suit pursuant to what is known as the “first-to-file” rule. 31 U.S.C. § 3730(b)(5). That provision of the False Claims Act (“FCA”) states that “[w]hen a person brings an action […]
April 17, 2017
False Claims Act Information
Small Business Association 504 Loan Program and Liability under the False Claims Act
Basics of the Small Business Association 504 Loan Program The Small Business Association (“SBA”) 504 Loan Program offers small businesses long-term, fixed-rate financing to acquire major fixed assets for expansion or modernization. A Certified Development Company (“CDC”) is a nonprofit corporation certified by the SBA that generates, closes, and services […]
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