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“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 […]

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 […]

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.” […]

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Reporting Fraud Under the New York False Claims Act The New York False Claims Act (“New York FCA”) was originally enacted on April 7, 2007 and was modeled after the Federal False Claims Act (“Federal FCA”).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

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 […]

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 […]

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 […]

False Claims Act Violations Regarding Controlled Substances, Prescriptions and Pill Mills

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 […]

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 […]

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 […]

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 […]

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 […]