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Whistleblower Eligibility

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CFTC Playing Catch Up Makes Another Whistleblower Award

Posted  03/6/19
Cast metal seal of CFTC on brick wall
On Monday, the Commodity Futures Trading Commission (CFTC) announced a whistleblower award totaling more than $2 million. It is the latest in what has been a string of recent CFTC awards after a very slow start for the CFTC Whistleblower Program. Indeed, 2018 was a banner year for the program reflecting what appears to be a renewed commitment by the agency to make up for lost time and embrace the critical role...

February 14, 2019

Compounding pharmacy Vital Life Institute LLC, formerly known as AgeVital Pharmacy LLC, will pay $775,000 to resolve claims that the company and its principals paid kickbacks to third-party marketing companies to solicit prospective patients, regardless of the patients' needs.  The investigation was initiated by the filing of a qui tam complaint under the False Claims Act by Manfred Knopf, who received unwanted compounded medications from AgeVital that were billed to Medicare.  Mr. Knopf will receive $139,500 as a whistleblower reward.  DOJ

Constantine Cannon Partner Gordon Schnell Quoted in Law360 on the Rise of "Outside" Whistleblowers

Posted  10/12/18
Following the blockbuster False Claims Act settlement by AmerisourceBergen Corp., Law360 reported that 3 of the 4 whistleblowers who brought the case forward were not employees of the company. Rather, two were pharmacy workers at a Michigan hospital and one was a Florida physician group, and all of them were exposed to the alleged misconduct in the regular course of their work. As Law360 explains, these "outsiders"...

Inman writes on whistleblower case brought by outsider

Posted  08/30/18
Constantine Cannon partner Mary Inman published an article in RAC Monitor about a lawsuit brought against Providence Health & Services and its consultant J.A. Thomas and Associates LLC (JATA) by Integra Med Analytics LLC, a data analysis firm that uses statistical analysis of publicly available data to attempt to uncover and prove fraud. Integra alleged that it analyzed seven years’ worth of publicly-available...

Top-10 Tips For Would-Be Whistleblowers

Posted  08/24/18
Whistleblower
  1. There are numerous laws that protect whistleblowers. Many whistleblower reward laws and other whistleblower protection laws provide protections to whistleblowers from retaliation – through firings, demotions, or other adverse employee actions – for reporting misconduct.
  2. Becoming a whistleblower can be a difficult ordeal. The laws protecting whistleblowers have vastly improved. But the risk of retaliation or...

Massachusetts High Court Bars Companies as Whistleblowers Under State False Claims Act

Posted  08/9/18
In a decision handed down Tuesday, the Massachusetts Supreme Judicial Court ruled that only individuals, not companies, have standing to bring a whistleblower action under the State's False Claims Act. The decision in Phone Recovery Services, LLC. v. Verizon of New England, Inc. is groundbreaking in its limitation of who qualifies as a whistleblower. At the same time, it likely is quite limited in its reach as it is...

Catch of the Week – 3M Company

Posted  07/27/18
On July 26, 2018, DOJ announced that Saint Paul, Minnesota-based 3M Company would pay $9.1 million to settle allegations that it knowingly sold defective dual-ended “Combat Arms” earplugs to the United States military without disclosing defects that made the devices ineffective and may have caused thousands of soldiers to suffer significant hearing loss and tinnitus (or ringing in the ears). Caught for its...

June 11, 2018

Two Massachusetts landlords, Latchmin Nannan and David Nannan, and a property manager, Rhea Nannan, will collectively pay $57,000 to resolve whistleblower Kafer Nevins’s allegations they overcharged low income Section 8 tenants, and thus improperly collected housing subsidies from the government in violation of the False Claims Act. The whistleblower, one of the overcharged tenants, will receive a share of the government’s recovery. USAO MA
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