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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 […]
April 12, 2017 False Claims Act Information

Applying the Anti-Kickback Statute to Pursue Qui Tam Whistleblower Actions Under the Federal False Claims Act and the Delaware False Claims Act

Violations of the Anti-Kickback Statute Form the Basis of False Claims Act Liability Congress has long viewed the elimination of kickbacks as central to any efforts to combat Medicare and Medicaid fraud and abuse.  United States v. Greber, 760 F.2d 68, 70-71 (3d. Cir. 1985).  Because kickback schemes negatively affect […]
April 10, 2017 False Claims Act Information

Unexpected Problems with the Qui Tam Seal

By law, qui tam cases must be filed under seal.  This means that there is no public record of the case having been filed, and the defendant is unaware of the case until the seal is lifted.  A plaintiff who breaks the seal by discussing the seal publicly may forfeit […]
April 7, 2017 False Claims Act Information

What Happens If a Prospective Employer Refuses to Hire You Because You Have Been a Whistleblower Before?

Although the federal False Claims Act (“FCA”) and most state statutes provide a whistleblower with claims against retaliation by an employer, it is not clear whether that protection extends beyond the specific company that you reported against.  Unfortunately, some prospective or subsequent employers might try to avoid hiring you or […]
April 5, 2017 False Claims Act Legal News

Sweeping Decision Leaves Intact False Claims Act Claims Against Allergan, Inc.

In an opinion issued on March 31, 2017, District Judge Jesse M. Furman of the Southern District of New York substantially denied defendant Allergan, Inc.’s motion to dismiss claims arising under the False Claims Act (“FCA”) and state statutory analogs, in litigation captioned United States ex rel. Wood v. Allergan, […]
March 29, 2017 Grant Fraud

How to Calculate Damages for False Claims Act Cases Based on Research Grant Fraud

The federal government, through its agencies, offers grant funding opportunities to private individuals and entities.  Numerous federal agencies offer grants, including the Department of Defense, Health and Human Services and the Department of Energy.  Often federal grants are aimed at funding innovative research. In a nutshell, the grant process involves […]
March 27, 2017 False Claims Act Legal News

Another Court Provides Strong Support for Whistleblower Use of Confidential Employer Documents to Expose Alleged Fraud

One of the ways in which companies attempt to discourage whistleblowing or to punish actual whistleblowers is by asserting legal claims against them for using company documents, sometimes in violation of employment agreements or other company employee policies or under various tort laws.[1] In one recent case, for example, the corporate […]
March 24, 2017 Healthcare Fraud

The Federal Anti-Kickback Statute

The federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), (“AKS”) 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 quality, or harmful to a vulnerable patient population. To protect the integrity […]
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