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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 — Who should be the Whistleblower of the Year Candidates?

Posted  12/21/18
Each year, the whistleblower insider blog holds a contest for the Whistleblower of the Year. Previous winners include James Comey, for making certain information about the Trump administration public, LeAnne Walters, for bringing attention to the clean water crises in Flint, and Craig Watts, for revealing Perdue’s cruel chicken farming practices. The contest is meant to honor, and provide a platform for, brave...

2018 Whistleblower of the Year Candidate – Church Abuse Whistleblower Siobhan O’Connor

Posted  12/20/18
Siobhan O’Connor was a devout, lifelong Catholic when she landed her dream job as the executive assistant to Bishop Richard J. Malone of the Diocese of Buffalo. In her own words, she was “overjoyed” to be working for her “beloved Church." But the job “went from a dream to a nightmare in about three years.” During that time, O’Connor learned that the Bishop and diocese leadership had deliberately...

2018 Whistleblower of the Year Candidate — Child Detention Whistleblowers Dr. Pamela McPherson and Dr. Scott Allen

Posted  12/19/18
Border security is no doubt a complicated and controversial subject these days. But what is not complicated or controversial (for most) is the safety and well-being of the innocent children caught in the middle. When U.S. immigration authorities began forcibly separating children from their parents at the Southern border earlier this year, there was an immediate outcry from both sides of the political divide....

Catch of the Week — PA Hospital and Health System Pays $12.5 Million to Settle FCA Allegations

Posted  12/14/18
Coordinated Health Holding Company, LLC, a for-profit hospital and health system, and its founder, owner, and CEO, Emil DiIorio, M.D., have agreed to pay a combined $12.5 million to settle allegations of violating the False Claims Act for submitting false claims to Medicare and other federal health care programs for orthopedic surgeries. Coordinated Health is a for-profit hospital and health system based in the Lehigh...

When a Gift is Not a Gift: Pharma Companies Use Charities to Increase Drug Profits

Posted  12/13/18
Imagine if at the end of Charles Dickens’ “A Christmas Carol,” Ebenezer Scrooge announced that he was giving the prize turkey to the Cratchit family for Christmas dinner, but that this “gift” was conditional upon Bob Cratchit agreeing to work even longer hours in the new year, the turkey being cooked in a certain way, and only certain family members eating it. Would we consider Scrooge to have been truly...

Question of the Week — Should the government pay for automatically refilled prescriptions?

Posted  12/13/18
This week, Target agreed to pay $3 million to resolve a former pharmacist’s whistleblower suit alleging Target submitted false claims by violating Massachusetts Medicaid rules barring claims for automatic prescription refills. Under the state’s rule, pharmacies are prohibited from billing Medicaid for refills dispensed without a patient request. As pharmacy costs continue to rise, more state Medicaid programs...

Constantine Cannon Attorneys Eric Havian and Michael Ronickher Published in Law360 on the Need for Anti-Money Laundering Whistleblower Rewards

Posted  12/12/18
In the wake of anti-money laundering enforcement activity spurred by the Panama Papers, Constantine Cannon attorneys Eric Havian and Michael Ronickher published an article in Law360 on why we need an anti-money laundering whistleblower program. Havian and Ronickher argue for a new, DOJ-led whistleblower program to close the “large enforcement gap” left open by the existing IRS and SEC programs: “Domestic law...

Listen: Expected Dismissal of Providence Health Upcoding Suit

Posted  12/7/18
Constantine Cannon partner Mary Inman joins the RAC Monitor “Monitor Monday” podcast to comment on the government’s decision to decline to intervene in a $188.1 million whistleblower lawsuit Med Analytics, LLC filed against Providence Health (now known as Providence St. Joseph) alleging Providence upcoded diagnoses it submitted to government health programs for reimbursement. Several reports have indicated the...

Listen: Taxcast’s November 2018 Podcast on How Governments Can Better Protect and Encourage Whistleblowers

Posted  12/7/18
Constantine Cannon partner Mary Inman is featured in the Tax Justice Network’s November podcast on, among other things, whistleblowing on tax fraud. Inman discusses the impact of U.S. whistleblower laws on corporate wrongdoing and white collar enforcement and speaks to improvements governments can make to better protect whistleblowers, encourage whistleblowers to bring evidence to their governments, and financially...

DOJ Affirms its Materiality Provision but Threatens to Dismiss Gilead FCA Case

Posted  12/7/18
On November 30, 2018, the United States filed its amicus curiae brief before the Supreme Court in Gilead Sciences, Inc. v. United States ex rel. Campie (“Gilead”). The brief highlights two key topics in False Claims Act (“FCA”) litigation: (1) the interpretation of materiality under Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 19889 (2016) (“Escobar”) and (2) the impact of...
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