Category: Federal False Claims Act

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

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. Wegeler, 2019 WL 5538568,

First of Its Kind? Private Equity Firm Riordan, Lewis & Hayden Inc. and its Portfolio Company Patient Care America Settle False Claims Act Lawsuit

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). 

Whistleblowing Down Under

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.

The Background

Prior to Bill 19,

Whistleblowing: Dutch Style

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. 

European Union-Wide Whistleblower Protection: A Growing Trend?

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.

Eastern District of Pennsylvania Court Joins the Ninth and Tenth Circuits in Applying the Rational Basis Test to Governmental Dismissals of Qui Tam Cases

On
April 3, 2019, in U.S. v. EMD Serono, Inc., CV 16-5594, 2019 WL 1468934 (E.D. Pa. Apr. 3,
2019), District Judge Timothy J. Savage of the
Eastern District of Pennsylvania addressed a matter of first impression within
the Third Circuit: what standard (if any) governs the government’s ability to
dismiss a qui tam case over the objection of relators. 

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