The latest news on what’s happening in the world of the False Claims Act and the IRS, SEC and CFTC whistleblower programs.  

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| David Griscom

The team of fraud-fighters assembled by U.S. Attorney Preet Bharara in the Southern District of New York continues to rack up the victories.

Investigation | SDNY, Preet Bharara, Fraud, US Attorney
| Anonymous (not verified)

There is a tendency for lawyers to look gift horses in the mouth. That said, says R. Scott Oswald writing in Law360, the recent 8-0 Escobar ruling in the U.S. Supreme Court was a massive win for whistleblowers and the False Claims Act:

Top Cases | Escobar, FCA, implied certification, supreme court
| Anonymous (not verified)

In a unanimous 8-0 decision, and with an opinion authored by Justice Thomas, the U.S. Supreme court has affirmed that “FCA liability for failing to disclose violations of legal requirements does not turn upon whether those requirements were expressly designated as conditions of payment.”

Top Cases | Escobar, supreme court, Universal Health Services
| David Griscom

The ‘Big Four’ accounting firms rake in a combined total of over $100 billion dollars a year, and are supposed to give the public some confidence that the companies being audited are not involved in chicanery.

Needless to say, that’s not always true.  In fact, sometimes the Big Four accounting firms are part of the problem,

Top Cases | Accounting, Audit, FCA, Fraud
| Patrick Burns

Companies are trying to get fired, scared, and cash-strapped employees to sign away their rights to any future whistleblower awards under the False Claims Act.

| severance, whistleblower rights, termination, release
| David Griscom

The Supreme Court will hear arguments in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby.  The central question:  “What standard governs the decision whether to dismiss a relator's claim for violation of the False Claims Act's seal requirement?”

Top Cases | supreme court, FCA, Insurance, State Farm
| David Griscom

The Asercare case has been a procedural mess from the beginning, thanks in large part to the quixotic actions taken by U.S. Federal Judge Karon O. Bowdre.

Top Cases | AseraCare, hospice, DoJ, 11th Circuit Court of Appeals
| Patrick Burns

In the pantheon of horrors uncovered by whistleblowers who have filed under the federal False Claims Act, the case of Dr. Farid Fata has a special place.  From the appeal of Fata’s sentence comes this summation:

FCA | Sentencing, Misdiagnosis, Kickback
| Patrick Burns

The Vermont False Claims Act became effective on May 18, 2015, and included a provision stating that the statute would be considered non-retroactive until March 15, 2016. 

State FCA | Vermont
| Patrick Burns

Former Warner Chilcott CEO Carl Reichel is in court this week, fighting criminal charges he conspired to pay kickbacks to doctors in return for stepped-up prescriptions for drugs manufactured and sold by Warner Chilcott.

| Warner Chilcott, Carl Reichel