Whistleblower Case

November 30, 2017

The SEC announced awards of more than $8 million each to two whistleblowers whose critical information and continuing assistance helped the agency bring the successful underlying enforcement action. The first whistleblower alerted SEC enforcement staff of the particular misconduct that would become the focus of the staff’s investigation and the cornerstone of the agency’s subsequent enforcement action. The second whistleblower provided additional significant information and ongoing cooperation to the staff during the investigation that saved a substantial amount of time and agency resources. The SEC’s whistleblower program has now awarded more than $175 million to 49 whistleblowers since issuing its first award in 2012. SEC

October 12, 2017

The Securities and Exchange Commission today announced that a whistleblower has earned an award of more than $1 million for providing the SEC with new information and substantial corroborating documentation of a securities law violation by a registered entity that impacted retail customers. “Today’s award reflects the impact that whistleblower information can have in uncovering violations that harm the retail investor,” said Jane Norberg, Chief of the SEC’s Office of the Whistleblower.  “We welcome high-quality information about potential securities-law violations from those in and outside a company.” More than $162 million has been awarded to 47 whistleblowers.  By law, the SEC protects the confidentiality of whistleblowers and does not disclose information that might directly or indirectly reveal a whistleblower’s identity.  Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. SEC

October 30, 2017

Ohio-based Chemed Corporation and various wholly-owned subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation, agreed to pay $75 million to resolve charges they violated the False Claims Act by submitting claims for hospice services to Medicare for patients not terminally ill.  Vitas is the largest for-profit hospice chain in the United States and was acquired by Chemed in 2004.  The government alleged the defendants rewarded employees with bonuses for the number of patients receiving hospice services, without regard to whether they were actually terminally ill and whether they would have benefited from continuing curative care.  The government further alleged that Vitas submitted false claims to Medicare for continuous home care services that were not necessary, not actually provided, or not performed in accordance with Medicare requirements.  The allegations originated in several whistleblower lawsuits filed under the qui tam provisions of the False Claims Act.  The whistleblowers will receive a portion of the proceeds of the government's recovery.  DOJ

October 16, 2017

Virginia-based defense contractor Triple Canopy, Inc. agreed to pay $2.6 million to settle charges it violated the False Claims Act by submitting false claims for payment to the Department of Defense for unqualified security guards stationed in Iraq.  Specifically, the government alleged that Triple Canopy knowingly billed the government for security guards who could not pass contractually required firearms proficiency tests and that Triple Canopy concealed the guards’ inability to satisfy the firearms testing requirements by creating false test scorecards that Triple Canopy was required to maintain for government review.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by a former Triple Canopy employee.  The whistleblower will receive an award of roughly $500,000 from the proceeds of the government's recovery.  DOJ (EDVA)

October 13, 2017

First Coast Cardiovascular Institute, P.A. agreed to pay roughly $450,000 to settle charges of violating the False Claims Act by knowingly delaying repayment of more than $175,000 in overpayments owed to Medicare, Medicaid, TRICARE, and the Department of Veterans Affairs.  Specifically, the government alleged the company accrued credit balances or overpayments owed to federal health care programs and despite repeated warning failed to pay back the money it owed.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former First Coast employee Douglas Malie.  He will receive a whistleblower award of $90,000 from the proceeds of the government's recovery.  DOJ (MDFL)

October 10, 2017

Sage Tee LLC, a subcontractor at the Department of Energy's Hanford Site, and its owner Laura Shikashio, agreed to pay $235,000 to settle charges they violated the False Claims Act in connection with improperly receiving two small business subcontracts at DOE's Hanford nuclear site.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  The whistleblower will receive an award from the proceeds of the government's recovery. DOJ (EDWA)