Member States of the European Union, over the last several years, have passed a series of so-called “Whistleblower Laws.” These laws are being implemented allegedly to bolster anti-corruption efforts throughout Europe. While corruption is no stranger to either side of the Atlantic,
What Happened
On April 16, 2019, the European
Parliament made history with the approval of the European Union (EU) Whistleblower
Directive (“Directive”) that provides universal whistleblower protections for
all potential “reporting persons” located within member states of the EU. These
protections apply whether or not the reporting person is a citizen of an EU
member.
What Happened?
In July 2016, Germany amended the German Act on Financial Services Supervision (Finanzdienstleistungsaufsichtsgesetz – “FinDAG”) and created whistleblower protections for employees of all companies subject to the supervision of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – “BaFin”). BaFin, when formed in 2002,
What Happened?
On July 14, 2016, the Ontario Securities Commission adopted OSC Policy 15-601 which is a Whistleblower Program that included financial rewards for whistleblowers for the first time in Canadian history.
The Background
Before the enactment of OSC Policy 15-601 Whistleblower Program,
What Happened?
In seeking to limit the abuse of whistleblower legislation, the United Kingdom enacted the Enterprise and Regulatory Reform Act of 2013, which amended the Public Interest Disclosure Act of 1998, and mandated that all disclosures of misconduct be made in the “public interest.”
The Background
In 1998,
The Issue
On September 7, 2018, the Fifth Circuit Court of Appeals decided a previously unanswered question regarding the False Claims Act (FCA) in United States ex rel. Vaughn: can a non-intervening Government plaintiff be dismissed without prejudice in FCA cases where the relator voluntarily dismisses its qui tam claims with prejudice?
What Happened?
In United States ex rel. Rose v. Pjh Stephens Inst., the United States Court of Appeals for the Ninth Circuit affirmed the district court’s order denying Defendant’s motion for summary judgment, and determined that the two part test created in States ex rel.
William M. McSwain, Esquire was nominated by President Donald J. Trump to be the 39th U.S. Attorney for the Eastern District of Pennsylvania. The Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789. It is also one of the nation’s largest districts covering over 4,700 square miles with over five million people residing within the district.
On July 9, 2018, the Ninth Circuit in United States ex rel. Silingo v. Wellpoint, Inc., reversed in part, affirmed in part, and remanded the dismissal of a False Claims Act lawsuit against several Medicare Advantage Organizations. The Court held Wellpoint was mistakenly dismissed on the pleadings.
The Commodity Futures Trading Commission (“CFTC”) is an independent U.S. federal agency established by the Commodity Futures Trading Commission Act of 1974. The CFTC’s Whistleblower Program was created by the Dodd-Frank Act, adding a section called “Commodity Whistleblower Incentives and Protection” to the Commodity Exchange Act. Whistleblowers are eligible for 10-30% of the monetary award the regulator collects if the information leads to an SEC enforcement action with sanctions over $1 million.
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.