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April 18, 2018
General
Section 922 of the Dodd-Frank Act
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
General
How Long Does a Whistleblower Case Take?
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
General
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
General
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
General
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
General
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
General
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
General
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
General
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
General
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
General
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
General
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 […]
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