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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.

CFTC Whistleblower Program Annual Report Shows Program Open for Business, yet Challenges Persist

Posted  11/15/19
Screenshot of CFTC Whistleblower Program web page
Fifteen million dollars is how much the United States Commodity Futures Trading Commission’s (CFTC) Whistleblower Program paid whistleblowers in FY 2019 according to the agency’s annual report to Congress.  This amount includes:
  • $7 million to one individual whistleblower;
  • Over $2 million to a non-insider whistleblower who provided independent analysis of market data; and,
  • Close to $1.5 million to a...

Catch of the Week – B&H Photo Video Sued by NY State for Tax Fraud

Posted  11/15/19
Modern mobile devices
This week’s Catch of the Week brings us back to the Big Apple, where New York Attorney General Letitia James joined a whistleblower lawsuit yesterday accusing the nation’s largest non-chain photo and video equipment retailer, B&H Photo Video, of tax fraud. The suit claims that long-time camera and electronics retailer B&H, which had more than $3 billion in revenue last year, knowingly failed to pay over $7...

Second Circuit Upholds SEC Denial of Whistleblower Rewards to Three Claimants in Deutsche Bank Settlement

Posted  11/13/19
Disorganized paper records stacked on table
In May 2015, Deutsche Bank agreed to pay a $55 million penalty to the SEC to settle charges that its financial statements misreported the value of a portfolio of derivatives, failing to take account of the material risk of potential losses associated with the derivatives.  Subsequently, in November 2017, the SEC announced that it had awarded whistleblower rewards totaling $16 million to two whistleblowers “whose...

In Second-Ever Enforcement Action of Its Kind, SEC Stands with Whistleblower Against Company’s Attempt to Muzzle Reporting

Posted  11/8/19
tape over mans mouth
Imagine that, after you invest in a company, you start to smell a rat. After you try to alert other investors or report what you believe is a fraudulent scheme, the company you invested in draws up an agreement that conditions your shareholding on a prohibition on speaking with regulatory agencies. If it seems illegal, that’s because it is. Yet that’s exactly what online auction and memorabilia company Collectors...

Partner Mary Inman discusses the new EU Whistleblower Directive on SCCE’s Compliance Perspectives Podcast

Posted  11/8/19
By Mary Inman
Headshot of Attorney Mary Inman
Constantine Cannon partner Mary Inman, and Vigjilenca Abazi of Maastricht University, discuss the new European Union Whistleblower Directive with Adam Turteltaub in SCCE’s Compliance Perspectives podcast. Mary Inman explains the differences between U.S. whistleblower programs and the EU directive, as well as the opportunities presented to compliance personnel in light of new research on internal whistleblowing. ...

CATCH OF THE WEEK — Tenet Healthcare to Pay $66M Over Kickback Allegations

Posted  11/7/19
Tenet Healthcare Logo
Tenet Healthcare, a healthcare giant that operates 65 hospitals and conducts over 10 million patient encounters annually, has agreed in principle to pay the United States roughly $66M to settle allegations that it violated the Stark Law and the Anti-Kickback Statute. These laws generally prohibit medical providers from paying or receiving kickbacks, remuneration, or anything of value in exchange for referrals of...

“Whistleblowers don’t come forward because it polls well; they come forward because, having done their own moral calculus, they simply don’t have a choice.”

Posted  11/6/19
By Leah Judge, Hallie Noecker
Headshots of Attorney Hallie Noecker and Leah Judge
Constantine Cannon whistleblower attorneys Leah Judge and Hallie Noecker discuss why President Trump's attempt to intimidate whistleblowers is failing--and will continue to fail – in Law360 (paywall).  Judge and Noecker posit that whistleblowers are cut from a different cloth. They value fairness over loyalty, and their consciences drive them to speak truth to power, even when doing so carries great personal...

Constantine Cannon Settles Whistleblower Case with Sharp Healthcare Center for Research

Posted  11/6/19
health medical billing
A whistleblower represented by Constantine Cannon, who exposed an alleged cycle of deceit at Sharp HealthCare, a regional hospital system in San Diego, has settled a False Claims Act lawsuit against the Sharp Healthcare Center for Research, Sharp’s clinical-trial research arm. The whistleblower suit alleged that Sharp fraudulently billed government payers, like Medicare and Medicaid (known as Medi-Cal in...

Appellate Decision Raises Questions for Relators Seeking a Share from Alternate Remedies

Posted  11/4/19
3rd Circuit Seal
The Third Circuit caught industry headlines when it was reported to have ruled on October 28, 2019, that a whistleblower had no right to an award based on a portion of criminal fines or forfeitures. That would upend longstanding rights of relators to share in the proceeds of “related proceedings.” Thankfully, the real scope of the opinion is less far-reaching, though it would be wise for relators to consider...

CATCH OF THE WEEK — Sanford Health to pay over $20M for kickback, unnecessary spinal surgery claims brought by two Sanford doctors

Posted  10/30/19
skeletal drawing of spine
Our Catch of the Week features a $20.25 million settlement with South Dakota-based Sanford Health, Sanford Medical Center, and Sanford Clinic announced by the Justice Department in an October 28, 2019 press release.  The settlement resolves allegations the massive health system knowingly submitted claims for medically unnecessary spinal surgeries and tainted by kickbacks to a top Sanford neurosurgeon.  Two Sanford...
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