News & Analysis as of

Qui Tam Whistleblower Protection Policies False Claims Act (FCA)

Kohn, Kohn & Colapinto LLP

DOJ and Whistleblowers Crack Down on Illegal Kickbacks: Major Qui Tam Settlements from July 2024

In July, the U.S. Department of Justice (DOJ) and U.S. Attorneys Offices announced several large False Claims Act (FCA) settlements stemming from qui tam whistleblower suits....more

Oberheiden P.C.

A Guide to Qui Tam Lawsuits for Whistleblowers

Oberheiden P.C. on

One avenue for whistleblowers to take to report fraud against the government is to file a qui tam lawsuit under the federal False Claims Act. These lawsuits are complex because they have not two, but three parties to them –...more

Oberheiden P.C.

10 Tips for Filing a Qui Tam Lawsuit in 2024

Oberheiden P.C. on

The federal government is continuing to rely heavily on whistleblowers in 2024. While there are now several federal whistleblower programs, the qui tam provisions of the False Claims Act remain among the government’s most...more

A&O Shearman

Announcement of new DOJ Whistleblower Policy

A&O Shearman on

On March 7, 2024, Deputy Attorney General Lisa Monaco announced a new 90-day pilot program at the Department of Justice (DOJ) to incentivize whistleblowers. The program is inspired by and generally follows similar programs...more

Oberheiden P.C.

A Basic 4-Point Guide for Medicare Whistleblowers

Oberheiden P.C. on

According to the National Health Care Anti-Fraud Association, an estimated $100 billion is lost to Medicare fraud every single year in the U.S., with overtaxed law enforcement agencies relying heavily on whistleblowers to...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2023

Proskauer Rose LLP on

2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

Tucker Arensberg, P.C.

Third Circuit Clarifies FCA Retaliation Standard Under Amended Anti-Retaliation Provision

Tucker Arensberg, P.C. on

The False Claims Act (the “FCA” or “Act”) prohibits the knowing presentation of a “false or fraudulent claim for payment or approval” to the federal government. 31 U.S.C. 3729(a)(1)(A). To assist the government in recovering...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

McDermott Will & Emery

[Webinar] Cyber Whistleblowing - New Risks and Exposures - April 21st, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

When US President Joe Biden signed the Infrastructure Investment and Jobs Act (IIJA) into law on November 15, 2021, $2 billion was allocated to strengthen the nation’s cyber defenses. With this heightened focus on cyber risk...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: What Is a Relator?  

A relator is a private person or entity who files a False Claims Act (FCA) lawsuit on behalf of the United States in exchange for receiving a portion any recovery from the defendant. The FCA was enacted in 1863 in response to...more

Freeman Law

Qui Tam Lawsuits

Freeman Law on

The federal False Claims Act is intended to protect the government from fraudulent claims against federal programs. The federal government utilizes the False Claims Act to prosecute attempts to commit fraud against the...more

Jones Day

Senate Judiciary Committee Votes to Approve Amendments to the False Claims Act

Jones Day on

In July 2021, a bipartisan group of senators introduced a bill, S. 2428, entitled the False Claims Amendments Act of 2021 ("S. 2428"), which proposed substantive and procedural amendments to the False Claims Act ("FCA")....more

Freeman Law

The False Claims Act: The Risks of Doing Business with the U.S. Government

Freeman Law on

The False Claims Act (FCA) was passed by Congress during the Civil War to punish defense contractors for fraud. Under the FCA, a government contractor who submits fraudulent invoices or induces the government to grant a...more

Proskauer - Health Care Law Brief

False Claims Act Spotlight (2 of 3): Recent Proposed Amendments to the FCA Fall Short of Cohesive and Substantive Change

In July 2021, Senator Chuck Grassley led a bipartisan group of senators in introducing S.B. 2428, the “False Claims Amendments Act of 2021,” which aims to address legal developments in FCA doctrine that, according to the...more

Kohn, Kohn & Colapinto LLP

End “Repeal by Delay” in the IRS Whistleblower Program

In 2006 Congress passed a qui tam whistleblower . It covered both tax frauds and underpayments, and also targeted illegal and undeclared offshore accounts secretly held by thousands of U.S. taxpayers. The law promised...more

Littler

False Claims Act Retaliation in 2021

Littler on

False Claims Act Retaliation in 2021 - INTRODUCTION - A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C....more

Kohn, Kohn & Colapinto LLP

Will Europe Fail to Protect Whistleblowers?

Pursuant to a Directive enacted by the European Parliament and Council, all 27 nations within the European Union (EU) must “bring into force” whistleblower protection “laws, regulations and administrative provisions” by...more

Kohn, Kohn & Colapinto LLP

Momentum Grows for Fixing the AML Whistleblower Law

When the Anti-Money Laundering Whistleblower Act (“AML Act”) became law on January 1, 2021, some commentators praised it as a breakthrough. The law was modelled on the highly successful Dodd-Frank Act (“DFA”) and shared...more

Proskauer - Whistleblower Defense

6th Circuit: FCA Whistleblower Protections Extend to Post-Employment Retaliation

On March 31, 2021, the Sixth Circuit addressed an issue of first impression in the circuit, holding that the False Claims Act’s (“FCA”) whistleblower protection provisions protect former employees from post-employment...more

Kohn, Kohn & Colapinto LLP

Congress Needs to Enact an Effective Ethics Agenda

Congress needs to implement an effective ethics agenda.  Important anti-corruption legislation has been sitting in various Senate and House committees awaiting action....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The Impact of International Whistleblowing on Global Corporate Compliance

This is the first part of a two-part article. Over the last 33 years, whistleblowers have enjoyed historic success advancing claims under the United States’ False Claims Act (FCA). The United States government has recovered...more

ArentFox Schiff

Investigations Newsletter: First Circuit Upholds Whistleblower Retaliation Verdict (hold for Monet)

ArentFox Schiff on

False Claims Act Legal Developments - First Circuit Upholds Whistleblower Retaliation Verdict - On December 9, 2020, the US Court of Appeals for the First Circuit held as a matter of first impression that “the...more

Mintz - Health Care Viewpoints

COVID-19 Relief Programs: The Anticipated Wave of False Claims Act Cases and Oversight Agency Enforcement Activities

Leading up to a webinar on July 15, 2020, we are publishing a blog series covering the risks of enforcement against companies that received COVID-19 relief funds under the CARES Act and strategies for mitigating these risks....more

Foley & Lardner LLP

Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?

Foley & Lardner LLP on

Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more

Fisher Phillips

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

Fisher Phillips on

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

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