Archive

“Modest” Changes, or All-Out Assault on the False Claims Act?

Posted 07/31/14

By Jason Enzler The House Judiciary Committee held a hearing yesterday with the innocuous title “Oversight of the False Claims Act.” At issue was a set of proposed changes to the law offered by the U.S. Chamber Institute for Legal Reform (“ILR”). According to an ILR representative’s testimony, the amendments would be “modest” and focused on correcting “flaws” and improving the “effectiveness”...

Tagged in: FCA Federal, Legislation and Regulation News,

DC Circuit In KBR Whistleblower Case Tightens Attorney-Client Shield for Internal Investigations

Posted 07/3/14

By Gordon Schnell In a shot heard round the business world, a DC district court judge in March denied attorney-client privilege protection to documents prepared in connection with an internal company investigation. The judge found the privilege did not apply because the investigation was mandated by government regulation and not simply an exercise in company discretion. The DC Circuit last week -- in In re: Kellogg...

Tagged in: Defense Contract Fraud, FCA Federal, Whistleblower Eligibility, Whistleblower Evidence,

SEC Settles First Whistleblower Retaliation Case; Warns There Will Be More

Posted 06/19/14

By Jason Enzler The Securities and Exchange Commission announced another ground-breaking development for its whistleblower program earlier this week, releasing details on its first whistleblower retaliation case filed under the Dodd-Frank Act. In doing so, the SEC sent an unambiguous message: They are just getting started in going after companies that retaliate against whistleblowers. At issue was...

Tagged in: SEC Whistleblower Reward Program,

Grassley Announces Creation of Whistleblower Protection Caucus

Posted 04/17/14

By the C|C Whistleblower Lawyer Team Senator Chuck Grassley (R-IA), noted architect and champion of several whistleblower protection laws, has announced he will create the first-ever Senate whistleblower protection caucus. The caucus, also commonly referred to as a coalition or working group, will consist of a group of senators dedicated to protecting whistleblowers and ensuring that whistleblower laws are...

Tagged in: Legislation and Regulation News,

Eighth Circuit Takes Broad View of Whistleblower “Finder's Fee”

Posted 04/17/14

By the C|C Whistleblower Lawyer Team Under the qui tam provisions of the False Claims Act, a whistleblower who files an action that ultimately leads to a government recovery is entitled to a generous portion of the proceeds -- anywhere from 15 to 30 percent. There is no discretion in making an award. It is mandated by statute. It is this unadulterated promise of a significant financial bounty that has been a...

Tagged in: Court Decision, FCA Federal, Whistleblower Rewards,

A Disappointing Whistleblower Report from the IRS

Posted 04/10/14

By Marlene Koury The IRS recently released its Annual Report to Congress on its whistleblower program and the results are discouraging even for an agency that has a questionable track record when it comes to dealing with whistleblowers. Despite having received more tips than ever – over nine thousand of them -- the IRS paid only $53 million to whistleblowers in 2013. This is a sharp drop from the $125 million...

Tagged in: IRS Whistleblower Reward Program,

Another Record Year for DOJ Whistleblower Recoveries

Posted 01/16/14

By the C|C Whistleblower Lawyer Team The DOJ just released its annual compilation of False Claims Act (FCA) statistics. Once again, the numbers are sure to raise eyebrows. Overall, the DOJ recovered $3.8 billion during FY 2013 – an amount second only to last year’s record-breaking recovery of almost $5 billion. Neither of these figures reflects criminal fines and forfeitures or state recoveries for...

Tagged in: Statistics, Whistleblower Rewards,

A Sunny Report from the SEC Whistleblower Office

Posted 11/21/13

By Marlene Koury The 2013 numbers are in for the Dodd-Frank whistleblower program and they are encouraging. The SEC released its 2013 Annual Report on the program earlier this week which revealed that tips – and rewards – have increased since 2012. The young whistleblower program is gaining steam and if it stays on course, it will no doubt be hugely successful in the coming years, perhaps even rivaling...

Tagged in: SEC Whistleblower Reward Program,

SEC Puts Its Money Where Its Mouth Is With $14M Whistleblower Award

Posted 10/3/13

By Gordon Schnell It has been more than two years since the SEC Whistleblower Office officially opened its doors. Born out of the Dodd-Frank Act, it was created to help usher in a new day of more aggressive enforcement at an agency that up until recently many believed was very much asleep at the switch. But with all of the fanfare surrounding the new office, and the flood of whistleblower tips that have poured...

Tagged in: Ponzi Schemes, SEC Whistleblower Reward Program,

Survey Reports Rampant Misconduct in Hedge Fund Industry

Posted 05/3/13

By Whistleblower Insider A recent survey of hedge fund professionals commissioned by the law firm Labaton Sucharow, HedgeWorld and the Hedge Fund Association, revealed some disappointing statistics regarding the prevalence of fraud and misconduct in the hedge fund industry. Among the more notable findings, about a third of the professionals surveyed (30%) have witnessed misconduct in the workplace; more than a...

Tagged in: SEC Whistleblower Reward Program,

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“Modest” Changes, or All-Out Assault on the False Claims Act?

DC Circuit In KBR Whistleblower Case Tightens Attorney-Client Shield for Internal Investigations

SEC Settles First Whistleblower Retaliation Case; Warns There Will Be More

Grassley Announces Creation of Whistleblower Protection Caucus

Eighth Circuit Takes Broad View of Whistleblower “Finder's Fee”

A Disappointing Whistleblower Report from the IRS

Another Record Year for DOJ Whistleblower Recoveries

A Sunny Report from the SEC Whistleblower Office

SEC Puts Its Money Where Its Mouth Is With $14M Whistleblower Award

Survey Reports Rampant Misconduct in Hedge Fund Industry

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