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Importance of Whistleblowers

This archive displays posts addressing or illustrating the importance of whistleblowers. You may also be interested in the following pages:

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Watch: Jessica Moore Discusses Assisted Living Facility Safety on Tampa’s ABC Action News

Posted  09/4/20
wheelchair in the hospital lobby
Constantine Cannon has been following the impact of COVID-19 on nursing homes and assisted living facilities.  Residents and workers at nursing homes make up a disproportionate share of U.S. coronavirus deaths, and the pandemic has imposed unique burdens on the industry. Florida recently implemented standards that will allow visitors in to long-term care facilities, if those facilities meet specific criteria. ...

Top Takeaways from Former DOJ Civil Chief Jody Hunt on the Current State of False Claims Act Enforcement

Posted  08/28/20
department of justice website
Law360 recently interviewed former DOJ Civil Chief Jody Hunt on what he sees as the key issues surrounding False Claims Act enforcement these days.  Here are the top takeaways:
    • COVID-relief fraud will be a DOJ priority. No surprise there given the billions of dollars the federal government is pouring into the economy to alleviate some of the financial strain the pandemic is wreaking on healthcare providers...

Windfall to Health Insurers Due to COVID-19 Is Not Yet Resulting in Resolution of FCA Risk Adjustment Cases

Posted  08/21/20
By Edward Baker
As health insurers book record profits during the COVID-19 pandemic due to a dramatic decline in elective surgeries and procedures, this seems like a good time to ask about the status of False Claims Act litigation against Medicare Advantage Organizations (MAOs) relating to risk adjustment fraud.  Given the dire shortfall in state and federal money to fight the pandemic, when will MAOs begin paying back the billions...

Australia’s Unfinished Whistleblower Business

Posted  08/21/20
Australian Australian flag raised
It hasn’t been a great week for Australian whistleblowers. Two days ago, the Guardian revealed that the Australian Home Affairs Department had inadvertently revealed the identity of a whistleblower by mistakenly sending confidential written materials to another, unrelated complainant’s email address.  The Department apologized for the “blunder,” which is a criminal offense in Australia. A week ago,...

Colorado Law Offers Rewards for Whistleblowers Reporting Workplace Health and Safety Violations

Posted  08/14/20
As lock-downs and business shutdowns continue in the U.S., essential workers continue to report to work, providing healthcare, putting food on our tables, delivering goods and service, ensuring public safety, and more. These essential workers may face serious risks as they perform their jobs, often as a result of workplace health and safety violations by employers. Responding to the unique challenges of the...

Catch of the Week: Interactive Brokers Pays $38 Million for Failures in Money-Laundering and Supervision

Posted  08/14/20
Computer screen with graphs
Brokerage firm Interactive Brokers LLC will pay $38 million in penalties to settle charges from multiple U.S. market regulators regarding its anti-money laundering practices, including alleged failures to file suspicious activity reports (SARs).  The discount broker has paid an $11.5 million penalty to settle charges with the Securities and Exchange Commission over the deficiencies in its internal controls that...

The FCPA’s Accounting Provisions Get a Fresh Look from the SEC

silver whistle with Securities Exchange Commission logo
In the New York Law Journal this week, we published an article discussing a heartening trend in the SEC’s enforcement of the Foreign Corrupt Practices Act, a law that has yielded some of the largest SEC fines and recoveries: an increased willingness to ground enforcement actions in the accounting provisions of the FCPA. The FCPA broadly prohibits two different kinds of conduct.  First, businesses may not bribe...

Whistleblowers could bring in money for Kansas — Why did lawmakers say no?

Posted  08/7/20
By Gordon Schnell, Max Voldman
judge striking down his gavel
So here is a question for the powers that be in Topeka.  If you could reduce the amount of fraud against the state and its municipalities, recover tens of millions of dollars a year in the process and better protect the health and welfare of all Kansans, would you do it?  It seems like a no-brainer by any account.  Especially these days, with Kansas -- like most states and municipalities around the country -- at...

New Settlement Shows the Power of Whistleblowers to Root out Fraud against Private Insurers

Posted  08/6/20
whistle hanging against a chalkboard
The nation’s biggest insurers, Medicare, Medicaid, and TRICARE already incentivize whistleblowers to report fraud. Because those programs are federally-funded, a whistleblower can bring suit under the False Claims Act and share in 15-30% of the recovery. The FCA is a law that allows private individuals alleging fraud against the government to bring a lawsuit in the name of the United States. The law leads to about...

This Week in Whistleblower History: The First Whistleblower Protection Law

Posted  07/31/20
By Edward Baker
a gavel and book titled "WHISTLEBLOWER LAW"
This week marks the eighth year in a row that Congress has designated July 30th National Whistleblower Day, honoring the occasion, on July 30, 1778, when the Continental Congress unanimously enacted the first whistleblower protection law in the United States.  The celebration this year is particularly poignant in light of the recent mistreatment of government whistleblowers, notably Lt. Colonel Alexander...
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