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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.

Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss

Posted  01/8/15
By the C|C Whistleblower Lawyer Team Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information.  It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...

In Their Own Words - Lam

Posted  01/7/15

-- “Given the gravity of the risks involved – the lives of passengers and crew alike – we were not willing to bow to United's pressure to ignore an unresolved security threat even though the company made clear that we risked losing our jobs.”

Grace Lam, one of the terminated flight attendants who filed a whistleblower complaint against United. Click here for more.

Whistleblower News From The Inside - January 7, 2015

Posted  01/7/15
By the C|C Whistleblower Lawyer Team Flight attendants file whistleblower complaint against United – Thirteen flight attendants charged the airline with unlawfully firing them in retaliation for refusing to fly on a Boeing 747-400 passenger aircraft after learning of a credible and specific threat to the safety of the aircraft, its passengers and crew.  Herald Online Navy Commander pleads guilty in bribery...

In Their Own Words - Henning

Posted  01/6/15

-- “Companies are sure to resist efforts to broaden the [Dodd-Frank whistleblower] anti-retaliation provision.  But they could find themselves on the wrong side of the issue by appearing to shield wrongdoing if they fight efforts to encourage whistle-blowing.”

New York Times writer Peter J. Henning from his piece on Who Is a Whistle-Blower? The Courts Weigh In.  Click here for more.

Whistleblower News from the Inside - January 6, 2015

Posted  01/6/15
By the C|C Whistleblower Lawyer Team Who is a whistleblower? -- Questions remain on exactly who qualifies for coverage under the whistleblower retaliation protections of the Dodd-Frank Act.  NYT US intervenes in cardiologist whistleblower suit -- The action alleges Dr. Asad Qamar and his physician group, the Institute for Cardiovascular Excellence, billed Medicare for medically unnecessary peripheral artery...

Top-20 False Claims Act and DOJ Fraud Settlements for 2014

Posted  01/5/15
By the C|C Whistleblower Lawyer Team Here is our look-back at the top-20 False Claims Act and other DOJ fraud settlements for 2014. 20.  OtisMed Corp. -- The medical products manufacturer and its former CEO agreed to pay more than $80 million for distributing knee replacement surgery cutting guides (called the OtisKnee) after the Food and Drug Administration (FDA) had rejected their application for marketing...

Top-10 FCPA (Foreign Corrupt Practices Act) Settlements for 2014

Posted  01/5/15
By the C|C Whistleblower Lawyer Team Here is our look-back at the top-10 FCPA (Foreign Corrupt Practices Act) settlements for 2014. 10.  Bruker Corp. -- The Massachusetts-based manufacturer of scientific instruments agreed to pay $2.4 million to settle charges of providing non-business related travel and improper payments to various Chinese government officials in an effort to win business there. Click here...

Top-10 Whistleblower Law Decisions for 2014

Posted  01/5/15
By the C|C Whistleblower Lawyer Team Here is our look-back at the top-10 whistleblower law decisions for 2014. 10.  SOX Whistleblower Reach -- What it takes to make out a whistleblower retaliation claim under the Sarbanes-Oxley Act got a little clearer thanks to the Second Circuit decision in Nielsen v. AECOM Technology Corp. There, the Court wrestled with exactly what kind of complaint a whistleblower needs to...

Top-10 Whistleblower Developments of 2014

Posted  01/5/15
By the C|C Whistleblower Lawyer Team Here is our look-back at the top-10 whistleblower developments for 2014. 10.  IRS Whistleblowers -- The IRS issued final rules designed to improve and expand the reach of its whistleblower program.  Given the program’s somewhat lackluster results to date, change was certainly needed.  But only time will tell whether these rules go far enough.  9. CFTC...

In Their Own Words - Solomon

Posted  01/5/15

-- "Revelations from brave whistleblowers are essential for the informed consent of the governed."

From Norman Solomon, author of 'War Made Easy: How Presidents and Pundits Keep Spinning Us to Death, in his Huffington Post piece on Why Jeffrey Sterling Deserves Support as a CIA Whistleblower.  Click here for more.
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