International Whistleblowing Legislation and America’s False Claims Act
This is the second part of a two-part article.
Genetic Testing Gold Rush Gives Rise To Fraud Allegations
- December 10, 2019 by Alexander Owens
- Federal False Claims Act, Healthcare, Investigations, Research
On Sept. 27, the U.S. Department of Justice announced criminal charges against 35 individuals across various jurisdictions, allegedly involved in genetic testing fraud schemes that cost taxpayers over $2.1 billion.
The Third Circuit Rules that the FCA’s “Alternate-Remedy Provision” Does Not Provide a Relator the Right to Intervene in a Criminal Proceeding for a Piece of the Criminal Restitution
- November 15, 2019 by Erik R. Giannitrapani
- Federal False Claims Act
On October 28, 2019, the Third Circuit became the most recent circuit court to determine that the False Claims Act’s (“FCA”) other alternate-remedy provision, 31 U.S.C. § 3730(c)(5), does not give a relator the right to intervene in a criminal proceeding. United States v.
Storm Clouds: Private Equity and the False Claims Act
- October 24, 2019 by Alexander Owens
- Financial Industry
The United States recently filed a False Claims Act Complaint in Intervention against Florida-based compounding pharmacy Patient Care America (“PCA”), two PCA employees, as well as the private equity (“PE”) firm that acquired PCA and helped manage the company.
First of Its Kind? Private Equity Firm Riordan, Lewis & Hayden Inc. and its Portfolio Company Patient Care America Settle False Claims Act Lawsuit
- September 23, 2019 by Alexander Owens
- Federal False Claims Act
On September 18, 2019, the Department of Justice announced a $21.35 million settlement with compounding pharmacy Patient Care America, PCA executives Patrick Smith and Matthew Smith, and, most notably, the pharmacy’s private equity backer, Riordan, Lewis & Haden Inc. The private equity firm and the pharmacy will fund substantially all of the settlement ($21.036 million).
You Didn’t Ask – 3rd Cir. Affirms DOJ Dismissal of Whistleblower Case Without a Hearing
- September 13, 2019 by Pamela Coyle Brecht
- Federal False Claims Act
The Third Circuit ruled on September 12, 2019 that a relator is not automatically guaranteed a hearing when the government moves to dismiss a whistleblower action – they need to ask for one. In United States ex rel., Chang v. Children’s Advocacy Center of Delaware, No.
Whistleblowing Down Under
- September 04, 2019 by Ashley Kenny
- Federal False Claims Act
What Happened
On July 1, 2019, The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (“Bill 19”) came into effect that amended the Corporations Act 2001 and Taxation Administration Act 1953 to provide more protections for whistleblowers in Australia.
Information on the Internet is not Necessarily a Public Disclosure
- August 08, 2019 by Erik R. Giannitrapani
- Federal False Claims Act
On July 16, 2019, a district court in California found that not all information that is posted on the internet is considered a public disclosure by the “news media.” United States ex rel. Integra Med Analytics Llc v. Providence Health & Servs., No.
Whistleblowing: Dutch Style
- June 14, 2019 by Ashley Kenny
- Federal False Claims Act
What Happened
On July 1, 2016, the Dutch Whistleblowers Act (Wet Huis voor klokkenluiders, “Whistleblowers Act”) came into effect, requiring all employers in the Netherlands with 50 employees or more to implement internal reporting procedures and ban retaliatory acts against employees who report wrongdoing.
Why the European Union Whistleblower Laws Are All Doomed To Fail
- June 03, 2019 by Pamela Coyle Brecht
- Federal False Claims Act, Healthcare
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.