Years ago, few lawyers thought a False Claims Act Case was appropriate to be resolved by mediation. It was Attorney General Janet Reno who introduced mediation to this practice area in the late 1990’s. She was optimistic the mediation process could be adapted to this and other types of Federal government-initiated litigation.
Marc Raspanti and Pamela Coyle Brecht‘s presentation “A Practitioner’s Guide to American Whistleblower Programs” is now available through World Online Lawyers With Excellent Practice (WOLEP). Mr. Raspanti and Ms. Brecht spoke to to WOLEP, an international network lawyers about the complexities of whistleblowing law,
The United States government has four primary whistleblower statutes and reward programs:
- The Federal False Claims Act (“FCA”)
- The Securities and Exchange Commission (“SEC”) Whistleblower Program
- The Internal Revenue Service (“IRS”) Whistleblower Program
- The Commodity Futures Trading Commission (“CFTC”) Whistleblower Program
All of these whistleblower programs are quite democratic.
- January 06, 2020
- Construction, Defense Industry, Federal False Claims Act, Financial Industry, Government Contracts, Medicaid, Medicare, Medicare Part D, Pharmaceuticals, State False Claims Acts
This is the second part of a two-part article.
In the first of this two-part series, we discussed the success of the United States’ federal False Claims Act (FCA),[1] the rise of international whistleblowers through a study of the Michael Epp case,
As discussed in a previous posting, the Ontario Securities Commission (OSC) implemented its whistleblowing program in July 2016 and became the first Canadian Province to include a controversial monetary award for whistleblowers. On February 27, 2019, the OSC made history yet again when it announced its first whistleblower award of $7.5 million.
What Happened in Ireland
On July 15, 2014, Ireland’s Protected Disclosures Act (PDA) came into effect. The PDA established whistleblower protections for both the public and private sectors for the first time in modern Irish legislative history.
The Background
The Republic of Ireland has less than 5 million people.
What Happened?
On November 19, 2018, the Alberta Securities Commission, the regulatory agency responsible for administering Alberta’s securities laws, implemented its first whistleblower program through the enactment of ASC Policy 15-602 Whistleblower Program and corresponding amendments to the Alberta Securities Act.
The Background
Before the enactment of ASC Policy 15-602 Whistleblower Program,
The Event
On November 30, 2017, the Italian Government enacted Law 179: “Provisions for the protection of whistleblowers who report offences or irregularities which have come to their attention in the context of a public or private employment relationship.” This Law established the first set of whistleblower protections in the private sector in all of Italian legislative history.
What Happened?
On December 9, 2016, the French Parliament enacted Sapin II: “the law on transparency, the fight against corruption and the modernization of economic life.” This marked the first time in French history that a whistleblower was offered protection in an anti-corruption case.