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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 […]

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 […]

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 […]

Anti-Kickback Medicare Part B Fraud Under the Federal False Claims Act

Waiving co-payments and deductibles required under Medicare Part B is a basis for a whistleblower to bring a claim under the federal False Claims Act. About the Medicare Part B Program Title XVIII of the Social Security Act prescribes coverage requirements under Part B of the Medicare program. Medicare Part […]

Can a Qui Tam Relator Share in Non-Monetary Proceeds of a False Claims Act Settlement?

The False Claims Act Provides Awards to Successful Whistleblowers The False Claims Act provides for an award to a qui tam plaintiff in the event the government settles a qui tam suit. If the Government settles a qui tam action brought by a whistleblower notifying the government of fraud, the whistleblower (often called a […]

Should I Be a Whistleblower and Report Government Fraud?

Why be a Whistleblower? Regardless of your political persuasion, your view about big or small government, or even your position on various government programs, everyone would agree that we need to catch and reduce the amount of fraud committed on the government.  Private citizens — whether as consumers, employees, patients […]

GlaxoSmithKline False Claims Act Suit to Settle for $3 Billion

Pharmaceutical company GlaxoSmithKline has agreed to pay $3 billion in fines to settle criminal and civil violations. The qui tam portion of the civil lawsuit arose under the False Claims Act and is said to be worth over $1 billion. At issue in the civil suit were claims relating to the company’s medications, including […]

IF A COMPANY HIDES FRAUD FOR MORE THAN THREE YEARS IT IS REWARDED: WHY ARE INVESTORS BEING PUNISHED?

APRIL 5, 2018.  The Ontario Court of Appeal upheld a lower court’s decision that under absolutely no circumstance can an Ontario statutory claim for secondary market liability exceed three years in length.  Yes, really. In Kaynes v. BP PLC, 2018 ONCA 337, the investor alleged that BP PLC released documents […]

U.S. SUPREME COURT: U.S. FEDERAL COURTS DO NOT HAVE EXCLUSIVE JURISDICTION OVER CERTAIN SECURITIES CLAIMS

March 20, 2018. One of the common arguments advanced by corporate defendants in shareholder litigation in provincial courts has been that the Canadian courts should not exercise their jurisdiction to adjudicate investors’ claims if the securities were purchased on the Nasdaq or NYSE. Often these lawyers will make submissions that […]

FRAUDSTERS BEWARE: THE ONTARIO SECURITIES COMMISSION WILL SCRUTINIZE WHETHER THE DEFENDANT ADMITS TO ENGAGING IN WRONGFUL CONDUCT IN FOREIGN PROCEEDINGS.

On February 28, 2018, the Commissioner of the Ontario Securities Commission refused to rubber-stamp a settlement from a former chairman, chief executive officer, and president of a publicly traded company, MDC Partners, Inc. The allegations against the former executive were that he improperly received over $10 million for personal expenses […]

Harold Berger Named to the Academic Life Committee of the School of Engineering and Applied Science of the University of Pennsylvania

Harold Berger was named to the Academic Life Committee of the School of Engineering and Applied Science of the University of Pennsylvania.

Investors seek certification of their fraud claim against Volkswagen AG

February 6, 2018. Quebec-based investors, represented by Morganti & Co. and Faguy & Co., made submissions to the court to exercise jurisdiction and certify the investor fraud claims against Volkswagen AG. The investors are seeking to represent other similarly situated investors that purchased Volkswagen AG’s securities on European and U.S. […]