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Whistleblower Eligibility

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Top Takeaways from Former DOJ Civil Chief Jody Hunt on the Current State of False Claims Act Enforcement

Posted  08/28/20
department of justice website
Law360 recently interviewed former DOJ Civil Chief Jody Hunt on what he sees as the key issues surrounding False Claims Act enforcement these days.  Here are the top takeaways:
    • COVID-relief fraud will be a DOJ priority. No surprise there given the billions of dollars the federal government is pouring into the economy to alleviate some of the financial strain the pandemic is wreaking on healthcare providers...

Windfall to Health Insurers Due to COVID-19 Is Not Yet Resulting in Resolution of FCA Risk Adjustment Cases

Posted  08/21/20
By Edward Baker
As health insurers book record profits during the COVID-19 pandemic due to a dramatic decline in elective surgeries and procedures, this seems like a good time to ask about the status of False Claims Act litigation against Medicare Advantage Organizations (MAOs) relating to risk adjustment fraud.  Given the dire shortfall in state and federal money to fight the pandemic, when will MAOs begin paying back the billions...

Australia’s Unfinished Whistleblower Business

Posted  08/21/20
Australian Australian flag raised
It hasn’t been a great week for Australian whistleblowers. Two days ago, the Guardian revealed that the Australian Home Affairs Department had inadvertently revealed the identity of a whistleblower by mistakenly sending confidential written materials to another, unrelated complainant’s email address.  The Department apologized for the “blunder,” which is a criminal offense in Australia. A week ago,...

The FCPA’s Accounting Provisions Get a Fresh Look from the SEC

silver whistle with Securities Exchange Commission logo
In the New York Law Journal this week, we published an article discussing a heartening trend in the SEC’s enforcement of the Foreign Corrupt Practices Act, a law that has yielded some of the largest SEC fines and recoveries: an increased willingness to ground enforcement actions in the accounting provisions of the FCPA. The FCPA broadly prohibits two different kinds of conduct.  First, businesses may not bribe...

New Settlement Shows the Power of Whistleblowers to Root out Fraud against Private Insurers

Posted  08/6/20
whistle hanging against a chalkboard
The nation’s biggest insurers, Medicare, Medicaid, and TRICARE already incentivize whistleblowers to report fraud. Because those programs are federally-funded, a whistleblower can bring suit under the False Claims Act and share in 15-30% of the recovery. The FCA is a law that allows private individuals alleging fraud against the government to bring a lawsuit in the name of the United States. The law leads to about...

This Week in Whistleblower History: The First Whistleblower Protection Law

Posted  07/31/20
By Edward Baker
a gavel and book titled "WHISTLEBLOWER LAW"
This week marks the eighth year in a row that Congress has designated July 30th National Whistleblower Day, honoring the occasion, on July 30, 1778, when the Continental Congress unanimously enacted the first whistleblower protection law in the United States.  The celebration this year is particularly poignant in light of the recent mistreatment of government whistleblowers, notably Lt. Colonel Alexander...

Constantine Cannon Attorneys Provide Comments on Model Whistleblower Award and Protection Act

silver whistle with Securities Exchange Commission logo
Following in the footsteps of the hugely successful SEC Whistleblower Program, which recently announced its largest-ever reward of $50 million, the North American Securities Administrators Association (NASAA) has proposed a Model Whistleblower Award and Protection Act that would serve as a guide for states across North America who wish to enact a compelling whistleblower program to bolster their securities...

Integra Med Analytics Loses Battle to Establish New Breed of Corporate Whistleblower Outsiders, Write Mary Inman and Max Voldman in RACMonitor

Posted  06/10/20
attorney headshots of Mary Inman and Max Voldman
Constantine Cannon whistleblower attorneys Mary Inman and Max Voldman updated their earlier reporting in RAC Monitor regarding the False Claims Act case brought by Integra Med Analytics against Texas-based hospital chain Baylor Scott & White.  At the end of May, the Fifth Circuit Court of Appeals upheld a Texas district court opinion dismissing the case. As we have earlier written, Integra alleged that the...

SEC Makes $50M Whistleblower Reward: LARGEST AWARD TO DATE

Posted  06/4/20
SEC Whistleblower Attorneys
The SEC today announced a $50 million whistleblower award, the largest award to date to a single individual whistleblower under the SEC Whistleblower Program.  This tops the $54 million award to two whistleblowers in September 2018 and the $50 million award to two whistleblowers in March 2018.  It brings the total amount of awards under the program to more that a half-billion dollars.  And it is just the latest in...

COVID Frauds of the Week: PPP, PPE, and More

Posted  05/29/20
discarded mask and glove on ground
As the COVID-19 pandemic continues to batter businesses and everyday Americans, it has been one of the busiest weeks yet for the government agencies stopping fraudsters who target government relief programs.  In new cases filed this week, the government has gone after alleged bogus sales and price gouging of PPE, new frauds on the Paycheck Protection Program (PPP), healthcare fraud, and more.

Secret Service Busts...

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