Watch: Partner Eric Havian Speaks with CNN About Client’s Congressional Testimony on Boeing 737 Max
Posted 12/18/19
Constantine Cannon Whistleblower Partner Eric Havian was featured on CNN to discuss Constantine Cannon client Ed Pierson’s testimony before Congress. Mr. Pierson, a former Boeing manager, testified to Congress regarding production problems he witnessed and internally reported in connection with the Boeing 737 Max. Just days after Mr. Pierson’s testimony, Boeing announced it would halt 737 Max production.
Watch...
SEC Whistleblower Program 2019 Annual Report Tells Story of Significant Impact - Despite Beginning the Year with a Government Shutdown
Posted 12/12/19
In its 2019 Annual Report to Congress, the SEC Office of the Whistleblower described its program as continuing to have a “significant impact” on enforcement and investor protection efforts. In the fiscal year that ended in September 2019, the SEC Whistleblower Program received the second highest number of tips in program history, and issued the third largest whistleblower award to date.
These numbers...
Following Whistleblower Testimony, FAA Administrator Vows to Investigate Boeing
Posted 12/11/19
Ed Pierson, a former Boeing manager turned whistleblower, testified before Congress on Wednesday, December 11, 2019, that the Boeing plant where the company's 737 Max was produced was a "factory in chaos," with production issues that may have played a role in two crashes that killed a total of 346 people. Pierson, who worked for Boeing from 2008 until his retirement in 2018, is represented by the whistleblower...
Blowing the Whistle on Environmental Abuse: Investigation of Kanto Kosan for Wastewater Dumping at Naval Bases in Japan
Posted 12/6/19
Earlier this week, the Naval Criminal Investigative Service, the U.S. Navy’s law enforcement arm, announced that it was investigating contractor Kanto Kosan for allegedly dumping wastewater from warships at harbors in Navy bases in Japan. The investigation was triggered by a tip submitted to Japanese Customs. The FBI and Department of Justice have also joined the investigation.
According to the Wall Street...
Laws Protect Ukraine Whistleblower’s Anonymity: Attorneys Eric Havian, Mike Ronickher, and Max Voldman write for USA Today
Posted 12/5/19
Multiple laws protect the Ukraine whistleblower’s right to anonymity and lawmakers well know it despite their contrary assertions, write Constantine Cannon partners Eric Havian and Mike Ronickher, and attorney Max Voldman in an Opinion piece published in USA Today. Protections against retaliation for the Ukraine whistleblower are found in a number of statutes, including the Intelligence Community Whistleblower...
In Second-Ever Enforcement Action of Its Kind, SEC Stands with Whistleblower Against Company’s Attempt to Muzzle Reporting
Posted 11/8/19
Imagine that, after you invest in a company, you start to smell a rat. After you try to alert other investors or report what you believe is a fraudulent scheme, the company you invested in draws up an agreement that conditions your shareholding on a prohibition on speaking with regulatory agencies. If it seems illegal, that’s because it is. Yet that’s exactly what online auction and memorabilia company Collectors...
Catch of the Week: Tenet Healthcare to Pay $66M Over Kickback Allegations
Posted 11/7/19
Tenet Healthcare, a healthcare giant that operates 65 hospitals and conducts over 10 million patient encounters annually, has agreed in principle to pay the United States roughly $66M to settle allegations that it violated the Stark Law and the Anti-Kickback Statute. These laws generally prohibit medical providers from paying or receiving kickbacks, remuneration, or anything of value in exchange for referrals of...
“Whistleblowers don’t come forward because it polls well; they come forward because, having done their own moral calculus, they simply don’t have a choice.”
Posted 11/6/19
Constantine Cannon whistleblower attorneys Leah Judge and Hallie Noecker discuss why President Trump's attempt to intimidate whistleblowers is failing--and will continue to fail – in Law360 (paywall). Judge and Noecker posit that whistleblowers are cut from a different cloth. They value fairness over loyalty, and their consciences drive them to speak truth to power, even when doing so carries great personal...
Constantine Cannon Settles Whistleblower Case with Sharp Healthcare Center for Research
Posted 11/6/19
A whistleblower represented by Constantine Cannon, who exposed an alleged cycle of deceit at Sharp HealthCare, a regional hospital system in San Diego, has settled a False Claims Act lawsuit against the Sharp Healthcare Center for Research, Sharp’s clinical-trial research arm.
The whistleblower suit alleged that Sharp fraudulently billed government payers, like Medicare and Medicaid (known as Medi-Cal in...
Appellate Decision Raises Questions for Relators Seeking a Share from Alternate Remedies
Posted 11/4/19
The Third Circuit caught industry headlines when it was reported to have ruled on October 28, 2019, that a whistleblower had no right to an award based on a portion of criminal fines or forfeitures. That would upend longstanding rights of relators to share in the proceeds of “related proceedings.”
Thankfully, the real scope of the opinion is less far-reaching, though it would be wise for relators to consider...