In a move to fortify the Pennsylvania treasury’s defenses against fraud, Governor Josh Shapiro utilized his 2026-2027 Budget Address earlier today to call for the creation of a Pennsylvania state False Claims Act (“FCA”). Federal and state FCAs allow the government to seek enhanced damages against fraudsters and offer whistleblowers awards for exposing fraud against the government.
Takeaway: The Department of Justice (“DOJ”) continues to take customs fraud seriously. With the Department of Justice’s newly launched Trade Fraud Task Force, the government has signaled a zero-tolerance policy for customs evasion—particularly regarding Chinese goods. DOJ’s recent $54.4 million settlement with Ceratizit, the largest customs fraud settlement in False Claims Act history,
Takeaways:
- The IRS is modernizing its somewhat anemic whistleblower program.
- IRS whistleblower awards are finally rebounding.
- The IRS is aggressively targeting high-net-worth taxpayers and large corporations.
- Meanwhile, state false claims acts allowing tax-related claims continue to grow in number and have already yielded hundreds of millions of dollars in recoveries.
Takeaways:
- The Office of the Attorney General for D.C. announced a $40 million settlement with Michael Saylor and MicroStrategy, Inc., marking the largest income tax recovery in D.C. history.
- The resolution arose from a qui tam lawsuit filed under the D.C. False Claims Act relating to allegations of a longstanding income tax evasion scheme.
Takeaways:
- FY 2023 saw the most FCA settlements and judgments ever.
- $2.69B in total recoveries is an uptick from 2022’s down year but still below historical norms.
- New non-qui tam cases surged to the highest in history as the Department of Justice’s pandemic fraud crackdown gains steam.
Key Takeaways
- Largest year ever for whistleblower awards (nearly $600 million in total)
- Largest single whistleblower award ever ($279 million to an individual whistleblower)
- Largest year for whistleblower tip volume (over 18,000 tips submitted to the SEC)
- The SEC underscores its whistleblower protection efforts through Rule 21F-17 enforcement
On November 14,
On August 14, 2023, in a rare whistleblower award opinion, the Eleventh Circuit affirmed the Securities and Exchange Commission’s (SEC) denial of a whistleblower award in Granzoti v. Securities and Exchange Commission, 2023 WL 519503 (11th Cir.). The opinion establishes that eligibility for SEC whistleblower awards follows an actual causation standard – i.e.,
On July 12, 2023, the Securities and Exchange Commission (SEC) awarded $9 million to a whistleblower who submitted a tip through the SEC’s Whistleblower Program. Per agency policy, the Award Order is heavily redacted and does not reveal the nature of the enforcement action, let alone the whistleblower’s identity.
On May 5, 2023, the Securities and Exchange Commission (“SEC”) announced that it had awarded a single whistleblower $279 million. This is the largest award made under the SEC’s Whistleblower Program by a long shot – more than double the now-second highest award, which stands at $114 million. In fact,
Takeaways:
- The Treasury Whistleblower Program now provides for guaranteed awards of 10% to 30% of the government recovery in covered actions
- The Treasury Whistleblower Program has been expanded to include not just tips concerning anti-money laundering violations but also those regarding various forms of sanctions evasion
- The new law goes hand-in-hand with the government’s aggressive crackdown on Russian sanctions evaders and those that assist them
During the holidays,
