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Whistleblower Eligibility

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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
  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

April 3, 2018

Norwegian NGO Norwegian People’s Aid, which receives funding from the US Agency for International Development, agreed to pay $2 million to settle claims it violated the False Claims Act by providing material support to Iran, Hamas, the Popular Front for the Liberation of Palestine (“PFLP”), and the Democratic Front for the Liberation of Palestine (“DFLP”), contrary to federal funding requirements. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. DOJ (SDNY)

February 6, 2018

Tennessee-based Home Furnishings Resource Group Inc. (which also operates under the name Function Furniture First) agreed to pay $500,000 to resolve allegations it violated the False Claims Act by making false statements on customs declarations to avoid paying antidumping duties on wooden bedroom furniture imported from China. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Home Furnishings competitor University Loft Company. University Loft will receive a whistleblower award of roughly $75,000 from the proceeds of the government's recovery. DOJ
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