Much like the United States, Britain is considering rewarding whistleblowers in order to encourage more to come forward in an effort to uncover fraud and other white-collar crimes.
The U.K. Home Office and other government agencies will examine the qui tam provisions of the U.S. Under these provisions,
Michael A. Morse will be presenting at a National Business Institute CLE on November 21, 2013. He will present on “False Claims Act and Qui Tam Litigation.”
For more information and to register for this presentation, please see:
http://www.nbi-sems.com/Details.aspx/R-64489ER%7C?ctname=SPKEM
In a case that could have enormous implications for the federal government and the pharmaceutical industry, the United States Supreme Court has asked the Solicitor General to provide its position. The issue involves Rule 9(b) of the False Claims Act, which requires a whistleblower to allege claims of fraud with specificity.
Tracking the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, new legislation would establish whistleblower bounties and protections for information given to the New York State Department of Financial Services (“DFS”) – a super agency formed in October 2011 to regulate banks and insurance companies in New York.
OtterBox has been accused in a federal lawsuit in Colorado of failing to pay federal import taxes on its popular China-manufactured cell-phone cases. The case was filed in 2011 but remained under seal until August 19, 2013. According to court filings, OtterBox had previously advised the government that it had broken the law by not paying enough customs duties and has moved to dismiss the whistleblower’s lawsuit on the basis of this “prior disclosure.”
For more information,
Senate Finance Committee Senior Member Charles Grassley (R-Iowa) is pushing IRS-Commissioner Nominee John Koskinen to lead the IRS in better processing whistleblower claims. While there have been a number of whistleblowers who provided information on tax scofflaws, the payouts to these whistleblowers have been few and far between. Senator Grassley looks to change this,
The SEC has awarded more than $14 million to a whistleblower whose information led to an SEC enforcement action that recovered substantial investor funds. This payment – the largest to date made by the SEC’s whistleblower program – comes from a separate fund previously established by the Dodd-Frank Act and does not reduce the amount paid to harmed investors.
A federal judge ordered South Carolina’s Tuomey Healthcare System to pay $277 million for violating laws that bar hospitals from paying doctors to refer Medicare patients for treatments. The ruling – a result of the denial of Tuomey’s post-trial motions and the granting of the government’s request to impose Stark Penalties and False Claims Act fines – is believed to be the largest of its kind against a community hospital in U.S.
In a ruling meant in part to keep the government from benefitting from its “apathetic conduct”, a New Mexico federal judge upheld a magistrate judge’s recommendation for sanctions against the government for failing to safeguard documents that may have aided Community Health Systems (CHS) in defending against a whistleblowers Medicaid claim.
Two years after the opening of the SEC’s whistleblower office, Division Head Sean McKessy provides an interview outlining the success of the program as well as the future direction of the program. In 2012 alone, the SEC received 3,001 whistleblower tips. Though the statute has only seen four payouts since its inception July 21,
If you are aware of any person, corporation or entity that you think may be violating the Federal False Claims Act or a State False Claims Act, contact us today.