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Whistleblower Eligibility

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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

Norwegian Non-Profit Settles FCA Suit Related to Terrorism Financing

Posted  04/5/18
Norwegian People’s Aid (NPA), a non-profit, non-governmental organization that receives funding from the US Agency for International Development (USAID), has settled an FCA suit for over $2M. According to the allegations, NPA provided material support to Iran, Hamas, the Popular Front for the Liberation of Palestine (PFLP), and the Democratic Front of the Liberation of Palestine (DFLP), contrary to USAID’s...

2017 Whistleblower of the Year Nominee -- Sanofi Aventis

Posted  12/22/17
This "Whistleblower Spotlight" features Sanofi Aventis US, one of our candidates for 2017 Whistleblower of the Year.  The US subsidiary of the French pharmaceutical giant is our only "corporate" candidate for this accolade but represents a growing trend in the whistleblower world of companies saying something when they see something they believe falls outside the realm of business fair play.  In this case, it was...

August 17, 2017

Pharmaceutical companies Mylan Inc. and Mylan Specialty L.P. agreed to pay $465 million to settle charges they violated the False Claims Act by purposely misclassifying EpiPen as a generic drug to avoid paying higher Medicaid rebates.  Under the Medicaid Drug Rebate Program, state Medicaid programs are entitled to larger rebates for brand-name drugs compared to generics.  According to the government, Mylan circumvented this program and its purpose by erroneously reporting EpiPen as a generic drug to Medicaid so it could demand massive price increases in the private market while avoiding its corresponding rebate obligations to Medicaid.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by competing pharmaceutical manufacturer Sanofi-Aventis US.  Sanofi will receive a whistleblower award of roughly $38.7 million from the proceeds of the government’s recovery. Whistleblower Insider

SEC Report Shows a Significant Number of Tips Coming From UK Whistleblowers

Posted  11/10/17

The 2016 Annual Report to Congress on the Dodd-Frank Whistleblower Program shows a growing number of international whistleblowers are taking advantage of the SEC's award program. In 2016 alone, the Commission received submissions from individuals in 67 foreign countries.  After the United States, the SEC received the highest number of whistleblower tips from the UK and Canada. OWB Annual Report 2016

August 28, 2017

Mary Inman appeared as a special guest on RAC Monitor’s “Monitor Monday” radio broadcast “Pharma on Pharma:  Sanofi-Aventis Blows the Whistle on Mylan $465 Million False Claims Settlement.”  Mary’s remarks begin at 22:11 minutes into the program.
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