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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.

Catch of the Week – AmerisourceBergen Corporation

Posted  10/12/18
Last Monday, one of the largest drug wholesalers in the country agreed to pay $625 million to settle allegations that it put cancer patients at risk by illegally repackaging and distributing millions of vials of oncology drugs. The federal government and forty-four states claimed that AmerisourceBergen Corp. (“ABC”) and one of its subsidiaries, Medical Initiatives, Inc. (“MII”) engaged in a thirteen-year-long scheme to open sterile vials of oncology drugs, pool...

Constantine Cannon Partner Gordon Schnell Quoted in Law360 on the Rise of "Outside" Whistleblowers

Posted  10/12/18
Following the blockbuster False Claims Act settlement by AmerisourceBergen Corp., Law360 reported that 3 of the 4 whistleblowers who brought the case forward were not employees of the company. Rather, two were pharmacy workers at a Michigan hospital and one was a Florida physician group, and all of them were exposed to the alleged misconduct in the regular course of their work. As Law360 explains, these "outsiders" represent a new...

Havian opens trial in damages phase of FCA case against top PVC water-pipe maker, J-M Eagle

Posted  10/11/18
Constantine Cannon partner Eric Havian launched the damages-phase of a trial against J-M Eagle with opening statements on October 10, 2018. As reported by Daniel Siegal in Law360, a Los Angeles federal jury will hear evidence in a long-running case by public entities in several states who bought large transmission water-pipe from the nation’s number one PVC pipe company. A November 2013 jury unanimously found in Phase I of the...

Question of the Week — Is it Time for an Anti-Money Laundering Whistleblower Program?

Posted  10/11/18
Current US law includes a variety of whistleblower programs that reward private persons for bringing information to the government. The programs range widely, and include everything from the False Claims Act (which rewards whistleblowers for revealing fraud against the government) to the SEC whistleblower program (rewards for reporting violations of US securities laws) to the Act to Prevent Pollution from Ships (rewards for reporting unlawful dumping of waste into the...

Federal Judge — CFTC Can Regulate “Cryptocurrency” Fraud

Posted  10/10/18
Cryptocurrency
In good news for investors, a Massachusetts federal judge recently ruled that the Commodity Futures Trading Commission (CFTC) has the authority to fight fraud in the booming virtual currency market. The decision follows on the heels of a ruling in New York where a different federal judge reached the same conclusion. Through the Commodity Exchange Act, Congress authorized the CFTC to fight fraud involving “commodities.” As the virtual currency sector...

Catch of the Week — Health Management Associates

Posted  09/27/18
Health Management Associates, LLC (“HMA”), a former hospital chain now part of Community Health Systems, agreed on September 25th to a $260 million settlement to resolve allegations of false billing and kickbacks alleged in eight qui tam cases under the False Claims Act (“FCA”). HMA was a hospital chain headquartered in Tampa, Florida that was acquired by Community Health Systems Inc., a major U.S. hospital chain, in 2014. One whistleblower...

Question of the Week — Do Animals Need Whistleblowers?

Posted  09/26/18
A variety of whistleblower reward programs assist the U.S. government in identifying wrongdoing, holding bad actors accountable, and, often, compensating whistleblowers for the great risks they take to expose fraud and other misconduct. The False Claims Act (FCA) is by far the most widely used vehicle through which whistleblowers report fraud against the government. In fiscal year 2017, the government paid out $392 million to whistleblowers who, by filing an...

SEC Announces $4 Million Award to Overseas Whistleblower

Posted  09/24/18
We have said it before, and we will say it again:  the SEC Whistleblower Program offers monetary rewards to non-U.S. citizens.  Today's announcement from the SEC of a $4 million award to an unidentified "overseas whistleblower" demonstrates this.  According to the SEC, the anonymous whistleblower's tip caused the SEC to open an investigation.  The $4 million award "recognizes the continued, important assistance provided by the whistleblower throughout the course of...

This Week in Bribes — Guilty Pleas in Two Major FCPA Cases

Posted  09/20/18
By Sarah “Poppy” Alexander
Major developments occurred last week in two different FCPA cases related to two separate state energy companies. PetroEcuador and PDVSA have both been the subjects of long-running FCPA and money-laundering investigations. In Ecuador, over a dozen PetroEcuador officials have already been charged with accepting bribes in exchange for business with the state oil company. And in Venezuela, the PDVSA scandal has spawned multiple prosecutions against Venezuelan officials and individuals around the...

SEC Reaffirms its Policy of Reduced Awards for Tardy Whistleblowers

Posted  09/20/18
Last Friday, the SEC announced an award of more than $1.5 million to a whistleblower who "provided the SEC with vital information and ongoing assistance that proved important to the overall success of an enforcement action." SEC Press Release. This brings to 58 the total number of awards under the SEC Whistleblower Program, amounting to $322 million in whistleblower recoveries. Of course, following the SEC's strict whistleblower confidentiality provisions, the SEC...
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