Whistleblower News From The Inside -- June 17, 2016

By the C|C Whistleblower Lawyer Team SCOTUS decision in Universal Health Services v. U.S. ex rel. Escobar is a big win for whistleblowers -- The Court endorsed the “implied certification” theory of liability, holding that anyone who knowingly submits to the government a detailed claim for payment and misrepresents by omission that it is complying with all rules, regulations or contracts associated with the transaction may be liable under the...

Whistleblower News From The Inside -- June 13, 2016

By the C|C Whistleblower Lawyer Team Whistleblower case to be decided by Supreme Court probably the most important in a generation --  The Escobar case may not have this term’s  highest profile but its impact could be enormous.  “[T]he False Claims Act plays such a central role in the recovery of fraudulently obtained taxpayer funds, and the challenges to the act in the case before the court are so fundamental,...

Whistleblower News From The Inside — April 22, 2016

By the C|C Whistleblower Lawyer Team Grassley fixes to IRS whistleblower treatment wins key committee approval -- Sen. Chuck Grassley received key committee approval of his provisions including better IRS treatment of tax fraud whistleblowers, which, among other things, would allow the IRS to exchange information with whistleblowers where doing so would be helpful to an investigation.  Grassley Attorney predictions lean toward tie in Supreme Court FCA battle -- Polling...

In Their Own Words — Stewart

-- The term "implied certification" is new. . . .  But the concept that a person can be held liable for fraud even though he says nothing explicitly false but labors to create a false impression, that's been around for ages. Malcom Stewart, Deputy Solicitor General, arguing before the Supreme Court in Universal Health Services v. U.S. ex rel. Escobar.

Whistleblower News From The Inside — April 20, 2016

By the C|C Whistleblower Lawyer Team Supreme Court hears whistleblower case – The Supreme Court heard oral arguments yesterday in Universal Health Services v. U.S. ex rel. Escobar.  Modern Healthcare Federal watchdog issues warning about online lenders – The Consumer Financial Protection Bureau issued a report revealing the steep price of online loans amidst efforts by Congress to prevent the CFPB from making rules to curtail the practice.  Los Angeles...

Whistleblower News From The Inside — March 7, 2016

By the C|C Whistleblower Lawyer Team Chicago Doctor Convicted in Kickback Scheme – After a 5-week trial, a jury found Dr. v. R. Kuchipudi guilty of conspiracy to defraud the US, and related claims, for receiving benefits in exchange for referring elderly patients to Sacred Heart Hospital.  Dr. Kuchipudi is the tenth defendant convicted in a multi-year investigation of the now-shuttered hospital.  ND IL Five Plead Guilty in $13 Million...

Whistleblowers in Antitrust Enforcement: Has the Time Come?

By Ari Yampolsky The promotion of whistleblowing has become an important element of regulatory enforcement in several contexts, most recently in securities-law enforcement.  But apart from the amnesty/leniency framework, antitrust authorities have been less enthusiastic about incorporating whistleblowers into their enforcement efforts.  On August 27, 2015, the ABA sponsored a panel discussion titled Whistleblowing in Antitrust: Prospects and Pitfalls, in which four panelists considered the role that whistleblowing should play...

First Circuit Joins Growing Number Of Courts Taking More Reasoned View Of What Constitutes Fraud Under The False Claims Act

By Gordon Schnell The False Claims Act is all about addressing fraud resulting in financial loss to the government.  But the statute does not actually define what constitutes this essential element.  Instead, it has been up to the courts to decide how far to extend the statute's ultimate reach.  This has led to a divergence of views with some courts taking a narrow and more formalistic approach to the statute's coverage,...