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Whistleblower Insider Blog

Whistleblower Insider is written by the Constantine Cannon law firm team of experienced qui tam and whistleblower lawyers. It is updated regularly to provide the latest whistleblower and fraud news and developments.

Question of the Week — Should institutions return past donations from Big Pharma executives and their family members implicated in the opioid crisis?

Posted  05/23/19
Money with Pills Spilled Over
The New York Times recently reported that the Metropolitan Museum of Art has decided to stop accepting gifts from members of the Sackler family linked to Purdue Pharma, the maker of OxyContin, one of the drugs at the center of the opioid epidemic that has killed more than 200,000 Americans in the past two decades. The Met’s decision follows that of other museums and universities, including the Tate Modern, the...

Catch of the Week — Bosch Fined $100 Million Over Volkswagen Diesel Emissions Scandal

Posted  05/23/19
Volkswagen Car Logo with Splatters of Dirt
German prosecutors fined Bosch $100 million for its role in the 2015 Volkswagen diesel emissions scandal. The fine was imposed for negligent violation of supervisory obligations resulting from the use of Bosch software to mask illegal pollution levels in diesel-engine vehicles. Bosch, the world’s largest automotive supplier, developed the engine management control software used to provide emissions testers with...

Second Relator to File Wins First-to-File Fight in First Circuit

Posted  05/16/19
Runners on track race to cross finish line
After Millennium Health agreed in 2015 to pay $227 million plus interest to settle claims that it submitted false claims bills for excessive urine testing, $34 million – 15% of the total – was set aside to resolve the competing claims of more than seven different relators who had filed qui tam cases against Millennium that were dismissed as part of the settlement.  Since that time, several of the relators have...

Question of the Week — Did the Flint Jury Get it Right in Natasha Henderson’s Whistleblower Retaliation Case?

Posted  05/16/19
Sign of City of Flint Water Plant
In yet another chapter of Flint, Michigan’s ongoing water crisis saga, a jury sided with the city and against its former City Administrator, Natasha Henderson, in a whistleblower retaliation case regarding water crisis donations. Henderson alleged she was fired by Mayor Karen Weaver for questioning Weaver’s use of the donations. Weaver claimed she fired Henderson after she learned Henderson was warned of a...

Whistleblowers Win One in Supreme Court with Clarification on Statute of Limitations for False Claims Act Actions

Posted  05/15/19
U.S. Supreme Court building and plaza
In a unanimous opinion written by Justice Clarence Thomas, the Supreme Court affirmed that the False Claims Act’s statute of limitations applies in the same manner to all whistleblower-initiated actions, regardless of whether the United States has intervened in the action or not.  The decision resolves a three-way split among the federal circuit courts. In the underlying litigation, U.S. ex rel. Hunt v. Cochise...

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

Posted  05/13/19
Entrance to General Services Administration building, with carved eagle over door
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 annually, as well as handling...

Question of the Week — Should the CEO Be Held Accountable?: Lessons from the Insys verdict.

Posted  05/10/19
By Jessica T. Moore
Handcuffed business-leader walking through jail.
In a shocking first, a federal jury has convicted an opioid-company CEO and other top executives of a criminal racketeering conspiracy. Insys founder and chairman John Kapoor and four other executives bribed doctors to overprescribe a highly addictive fentanyl painkiller, and ran a phony call-center to defraud insurance companies into paying for the expensive drug. Although the company itself had already paid over...

CFTC Makes Another Whistleblower Award

Posted  05/10/19
Commodity Futures Trading Commission Logo
On Monday, the Commodity Futures Trading Commission (CFTC) announced a whistleblower award of roughly $1.5 million. It is the latest in a string of whistleblower awards from an agency that has made it very clear that after a slow start in implementing its whistleblower program it is finally open for whistleblower business. CFTC Enforcement Director James McDonald could not have been more direct on this point:...

Immigration Detention Facilities Continue to Pose Fraud Risks

Posted  05/9/19
By Sarah “Poppy” Alexander
Child Behind a Fence
Last summer, we wrote about the fraud risks inherent in the massive increase in government spending for immigration detention. Almost one year later, a child’s tragic death again calls attention to failures at the immigration facilities that maintain ever increasing government contracts. On April 30, 2019, a sixteen-year-old boy died at a Southwest Key facility in Brownsville, TX, two weeks after arriving in the...

DOJ to Corporate America — Embrace the Whistleblower

Posted  05/9/19
Hanging Folder with Compliance Tab
In a clear push to companies to tighten up their internal compliance efforts, the DOJ Criminal Division recently announced a remake of the agency's guidelines for corporate compliance programs. The document, titled "The Evaluation of Corporate Compliance Programs," updates a previous version of the guidelines and is designed to provide more insight and context into the steps DOJ expects companies to take to ensure...
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