Category: WHISTLEBLOWERS
Reflection on National Whistleblower Day 2021
Why do we honor whistleblowers today? We honor whistleblowers because we rely on them to expose corporate wrongdoing. Whether insider employees, consumers or patients – whistleblowers see illegal conduct and do something about it. We honor whistleblowers because they model integrity and courage. Whistleblowers take a stand knowing that blowing the whistle is risky business …
Continue reading “Reflection on National Whistleblower Day 2021”
Can the False Claims Act Protect Former Employees?
A recent decision out the 6th Circuit reinforces that former employees are protected from retaliation under the False Claims Act – even when the retaliatory conduct happens after they are fired or leave the company. In the lawsuit, an employee alleged he was “marginalized” for insisting on compliance with the law during his employment and …
Continue reading “Can the False Claims Act Protect Former Employees?”
New Treasury Secretary applauds role of IRS whistleblowers
Newly confirmed Secretary of Treasury Janet Yellen told the Senate Finance Committee that she was committed to respecting and protecting whistleblowers as “an important asset to the integrity of the agency and tax system more generally.” Read her written response to a question about the role of whistleblowers and a recent downturn in IRS whistleblower …
Continue reading “New Treasury Secretary applauds role of IRS whistleblowers”
Stats Show Whistleblowers Are Key Partners in the Fight Against the Many Faces of Fraud
The Department of Justice’s 2020 data is here, and it paints another compelling picture of the value brought by whistleblowers who file cases under the False Claims Act (FCA). In 2020, claims filed by whistleblowers were responsible for about 75% of new cases filed and about 75% of government fraud proceeds. And rewards made to …
What Should You Know Before Becoming a Whistleblower?
Here are some things you should know before stepping forward as a whistleblower. 1. Whistleblowing can be a challenging and lengthy process Whistleblower cases often take years, and the consequences of blowing the whistle can upend your life and that of your family. Your integrity can be attacked, your reputation can be smeared, your livelihood …
Continue reading “What Should You Know Before Becoming a Whistleblower?”
What Can You Do to Strengthen Your False Claims Act Case?
If you suspect that your employer or some other entity is committing fraud against the government, here are some things you can do to increase your chances of bringing a successful False Claims Act case. 1. Act quickly Quick action serves the important purpose of stopping the fraud and the harm it is causing. In …
Continue reading “What Can You Do to Strengthen Your False Claims Act Case?”
What are the Goals and Rewards of Whistleblower Programs?
The news in recent years has had many stories about “whistleblowers”—what they reported, what caused them to blow the whistle, and what happened as a result. Perhaps you have seen some sort of misconduct on the part of an employer, a corporation, a competitor, or a health provider. And you wonder “Am I a whistleblower?” …
Continue reading “What are the Goals and Rewards of Whistleblower Programs?”
A Not-So-Dynamic Vision—The Documents Illuminate the Falsity
It is unusual for any plaintiff or relator to achieve a summary judgment ruling in its favor in any type of case. But in U.S. v. Dynamic Visions Inc., DBA Dynamic Visions Home Health Services, et al., — F.3d —, 2020 WL 4914069 (D.C. Cir. Aug. 21, 2020), the D.C. Circuit affirmed such a ruling …
Continue reading “A Not-So-Dynamic Vision—The Documents Illuminate the Falsity”
Can the Government Direct a Whistleblower to Secretly Record Conversations with a Fraudster Represented by an Attorney?
The public-private partnership envisioned by the qui tam provisions of the False Claims Act (FCA) is one of its most successful and powerful aspects, yielding billions of dollars in recoveries. The FCA permits the Government, the whistleblower, and their attorneys to cooperate—and they often do—when investigating and litigating FCA claims. But are there limits to …
First Circuit Issues Important Decision Clarifying the False Claims Act’s “Original Source” Standard
One of the first and most frequent arguments defendants make in fighting qui tam allegations under the False Claims Act (FCA) is that the case brought by the whistleblower, or “relator,” is not viable because it is based on publicly available information, the relator is not an “original source” of that information, or both. On …