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New York Introduces Bills to Expand Whistleblower Protections

Posted  06/21/19
statute of liberty New York symbol
Under current law, whistleblowers who reported fraudulent activity in the government or other settings in the State of New York are typically barred from bringing other legal actions. Maybe not anymore. Last week, both the New York State Senate and Assembly signed off on a series of amendments aimed at providing greater protection for employees who notice and report illegal activity, and expanding the definition of a...

IBM Inks $14.8 Million False Claims Act Settlement

Posted  06/18/19
Coding Background with Error Written
On Friday, the Department of Justice announced that IBM and its subsidiary Cúram Software had agreed to pay $14.8 million to resolve allegations that they lied to the State of Maryland while bidding on a contract to develop the state’s Health Insurance Exchange (HIX) website and IT platform. DOJ sued IBM under the False Claims Act, which imposes liability on companies and individuals that defraud government...

Whistleblowers Needed to Stop Secret Kickbacks, Bribes, Overcharging, and False Costs in E-Rate, Lifeline, Connect America, and Rural Healthcare programs

Posted  06/7/19
Large broadband cable bales awaiting installation on rural road.
The FCC disburses billions of dollars every year for its massive Universal Service Fund (USF) and its laudable mission to promote telephone and internet access to all U.S. persons regardless of income and location. This massive pot of government money attracts a commensurate measure of opportunists seeking to defraud these well-meaning programs.

What is the Universal Service Fund?

The Universal Service Fund...

Legal Sports Betting Is Leading to Serious Fraud Risks

Posted  05/31/19
man holding cell phone to place sports bet
With the NBA finals upon us, you may be thinking putting down some cash on one team or the other. Thanks to a Supreme Court decision last year, your state may even allow such bets. And no wonder. Illegal sports betting is a gigantic industry—estimated at $150 billion a year, it eclipses the $5 billion legally gambled in Nevada. Much of that money goes into the hands of mafia interests, who increasingly use online...

WATCH THIS SPACE: Proposed $700M Fix for Installed Foreign-Telecom Could Compound Fraud Related to Universal-Service-Fund Projects

Posted  05/31/19
Hand touching lock icon on modern digital screen interface stating “hacking detected” and “security breach”
Congress, the President, and the FCC are moving to restrict and phase out foreign-made telecommunications components seen as national security risks. While the president’s executive order of May 15, 2019 prohibits U.S. companies from buying foreign telecom, we have a huge problem: our systems already have large quantities of this equipment installed – antennas, radios, electronics, routers, services, etc. The...

Fraud in GSA Contracts: How to Report it Under the False Claims Act for a Whistleblower Reward

Posted  05/13/19
GSA Fraud Whistleblower
Federal government offices purchase all the products and services any office does:
  • Office supplies,
  • Telecommunications equipment and services,
  • Computer hardware and software,
  • Consulting services,
  • Vehicles,
  • Travel services,
  • and so on.
The General Services Administration is the centralized procurement arm for the federal government, overseeing tens of billions of dollars in procurement...

Judiciary Committee Approves Amendments to California FCA

Posted  04/12/19
On Tuesday, the Judiciary Committee of the California State Assembly passed Assembly Bill 1270, which would make several important changes to the California False Claims Act, most notably eliminating the tax fraud loophole and clarifying materiality and damages standards. At the hearing, Martin Goyette, the head of the California Attorney General’s False Claims Unit, explained that the proposed changes would...

Constantine Cannon Attorneys Leah Judge and Chris McLamb Published in the Daily Journal on Proposed Amendments to the California FCA

Posted  04/12/19
man and woman attorney headshots
Constantine Cannon attorneys Leah Judge and Chris McLamb published an article in the Daily Journal highlighting proposed amendments to the California False Claims Act. Among other things, the bill would clarify the materiality requirement under the act and explicitly provide for consequential damages. The article explains how these changes will protect the government’s ability to punish and deter fraud and abuse in...

Constantine Cannon Attorneys Jessica Moore and Leah Judge Published in The Oklahoman on Helping to Curb Fraud in Oklahoma

Posted  02/28/19
Constantine Cannon attorneys Jessica T. Moore and Leah Judge published an op-ed piece in the Oklahoman advocating for the passage of House Bill No. 2386 (“the Oklahoma State Agency False Claims Act”). The proposed Oklahoma State Agency False Claims Act is modeled after similar state and local False Claims Act statutes that allow whistleblowers to bring lawsuits against companies and individuals who defraud the...

Ohio Seeks to Recover Overcharges from OptumRx

Posted  02/21/19
Office building with logo for Optum
After a 2018 investigation by the Ohio Bureau of Workers Compensation (BWC) of its prescription drug spending, the BWC pharmacy program manager, John Hanna, concluded that "we were being hosed."  The BWC had contracted with OptumRx to act as a pharmacy benefits manager (PBM).  PBMs act as middlemen between drugmakers, pharmacies, and payors such as worker's compensation programs, Medicaid, Medicare, and other...
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