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Whistleblower Successes

Whistleblower reward laws and whistleblower reward programs enable qualifying whistleblowers to recover anywhere from 10 to 30 percent of the government’s recovery. These whistleblower reward laws include: the federal False Claims Act; State False Claims Acts; the Securities and Exchange Commission Whistleblower Program; the Commodity Futures Trading Commission Whistleblower Program; and, the Internal Revenue Service Whistleblower Program. We have collected summaries of recent successes in cases brought by whistleblowers, and you can read them below.

Members of the Constantine Cannon Whistleblower Lawyer Team have served as lead counsel on cases that have recovered roughly $1.3 billion for the government and $240 million in whistleblower awards. You can read more about the results we have achieved for our clients in Our Successes.

If you believe you have information about fraud which could give rise to a claim for a whistleblower reward, please contact us to speak with one of our experienced whistleblower attorneys.

June 9, 2020

An unnamed whistleblower has been awarded $6 million for providing what the CFTC called specific, credible, and timely information that ultimately led to a successful enforcement action.  Since the agency’s whistleblower program was started in 2014, the CFTC has recovered nearly $900 million through whistleblower tips, and has awarded over $110 million to the whistleblowers involved with those recoveries.  CFTC

June 5, 2020

Alaska Neurology Center LLC and its owner, Franklin Ellenson, M.D., have agreed to pay $2 million and enter into a three-year Integrity Agreement to resolve allegations of submitting false claims to federal healthcare programs between 2013 to 2­018.  A whistleblower complaint revealed the defendants had engaged in a bevy of fraudulent billing schemes, including using false dates to bypass caps in reimbursement, billing for services provided by unqualified personnel, billing for non-reimbursable services, using multiple billing codes for procedures covered by a single code, using false names for providers, and resubmitting already rejected claims using false service or diagnosis information.  The whistleblower in this case will receive a relator’s share of $380,000.  USAO AK

June 4, 2020

A whistleblower has been awarded $50 million in what is the largest amount ever awarded to a single person in the history of the SEC’s whistleblower program.  According to the SEC’s press release, the successful enforcement action that resulted from the unnamed individual’s tip allowed harmed investors to recover a significant amount of money.  SEC

June 2, 2020

An Oklahoma-based contractor and its corporate affiliates have agreed to pay $2.8 million to settle allegations of violating the False Claims Act in connection with federal contracts intended for disadvantaged small businesses.  In order to qualify as a small business, the Ross Group Construction Corporation created two companies, PentaCon LLC and C3 LLC, to bid on and obtain the contracts and falsely represented to the Small Business Administration the full extent of their affiliation.  The scheme was eventually revealed in qui tam case filed by Southwind Construction Services, LLC; the company will receive a relator’s share of approximately $520,000.  DOJ; USAO WDOK

May 4, 2020

Two New York construction companies and their associates have agreed to pay $4.5 million to resolve allegations of defrauding the U.S. Small Business Administration (SBA) and exploiting federal contracting opportunities reserved for veteran-owned small businesses and small businesses located in historically underutilized business zones (HUBZones).  Northland Associates, Inc., its president James Tyler, The Diverse Construction Group, and bond agent Rose & Kiernan Inc. allegedly failed to disclose and took steps to conceal the extent to which Diverse, which is 51% vetern-owned and 49% owned by senior Northland officials, took direction from Northland.  The government’s investigation was triggered by whistleblower lawsuits; the whistleblowers in this case will receive $1 million of settlement proceeds.  USAO SDNY

May 4, 2020

The SEC has granted a nearly $2 million award to a whistleblower whose early tip allowed the agency to freeze assets associated with fraudulent conduct, prevent the dissipation of investor funds and allow investors to recover most of their money.  The whistleblower’s tip also ultimately led to a successful enforcement action.  SEC

April 29, 2020

Lender Guaranteed Rate, Inc. will pay $15.1 million to resolve allegations that it knowingly failed to adhere to material program requirements in originating and underwriting mortgages insured by FHA or guaranteed by the VA, resulting in mortgages that did not meet credit and underwriting requirements for the government-sponsored guarantees and insurance.  The case was initiated by a whistleblower complaint filed under the False Claims Act by an unnamed former Guaranteed Rate employee, who will receive $2.4 million of the settlement proceeds.  The settlement also resolved claims under FIRREA.  DOJ; USAO NDNY

April 28, 2020

An anonymous whistleblower will receive $18 million based on a successful enforcement action by the SEC.  The whistleblower’s SEC submission, which was made after the individual repeatedly reported the problem internally, initiated the SEC investigation resulting in the recovery.  SEC

April 27, 2020

North Carolina based clinical laboratory Genova Diagnostics Inc. will pay up to $43 million to resolve a lawsuit brought by whistleblower Darryl Landis, who will receive up to $6 million.  The laboratory allegedly billed Medicare, TRICARE, and other government healthcare programs for IgG allergen, “NutrEval,” and “GI Effects” lab tests that were not medically necessary, and also paid unlawful compensation to three phlebotomy vendors in violation of the Stark Law  The settlement amount consists of the forfeiture of $17 million in claim funds held in suspension by Medicare and TRICARE, as well as an additional $26 million to be paid based on certain financial contingencies over the next five years.  DOJ; USAO WD NC
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