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For-Profit Law Schools Sue ABA In Response to Non-Compliance Findings

For-Profit Law Schools Sue ABA In Response to Findings of Non-Compliance with Regulatory Admissions Standards The American Bar Association (“ABA”), the regulatory body that oversees law school accreditation across the country, has recently been sued by the Florida Coastal School of Law, the now-defunct Charlotte School of Law, and most recently Arizona Summit Law School. All three for-profit law schools are owned by InfiLaw System LLC, a for-profit consortium of three independent law schools created in 2004 by Sterling Partners, a Chicago-based private-equity firm, and each of the schools operate as for-profit enterprises. This blog post discusses the ABA’s recent actions that form the basis of the lawsuits, as well as some of the circumstances that may have led to those actions by for-profit law schools that are often the target of whistleblower actions under the False Claims Act. Continually Lower Bar Passage Rates and ABA Inaction Since 2014, Bar more »

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Acting Associate Attorney General remarks on the False Claims Act

At a recent ABA conference on the Civil False Claims Act and Qui Tam Enforcement, the Acting Associate Attorney General, Jesse Panuccio, delivered remarks touching on a wide range of qui tam issues and Department of Justice policies including the Department’s enforcement priorities, dismissal discretion, view on sub-regulatory guidance, and intra-agency cooperation among others. The Acting Associate Attorney General also touched on the need for the Senate to act on the nominations for Department positions and a heightened focus on compliance and self-disclosure. Though parts of the message were not great for whistleblowers such as the DOJ’s intent to apportion recoveries to other regulators and away from False Claims Act relators to avoid “piling on”, the overall message was encouraging as Mr. Panuccio emphasized the Department’s focus on protecting the government’s fisc. Here are the remarks in full: Thank you, Sara, for that kind introduction. Sara has been litigator and leader more »

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Mastermind in $24 Million Ed4Mil Military Tuition Scam Sentenced

The mastermind of a $24 million scheme to take advantage of veterans and active duty military will spend 5 years in jail after pleading guilty to conspiracy to commit wire fraud.  Ed4Mil President David Alvey was criminally charged after a whistleblower suit filed by  James Hoyer client Adam Boyce. Alvey conspired with former Assistant Dean of Caldwell College Lisa DiBisceglie and former Ed4Mil employee Helen Sechrist to trick members of the military into signing up for wildly overpriced online classes that were misrepresented as Caldwell classes. In reality, they were cheap certificate courses offered by an unaccredited school. DiBisceglie and Sechrist also plead guilty.  Click here to read more about Alvey’s sentencing. Boyce first came forward to the government after concerns that Army National Guard members were being subjected to a bait and switch for online certificate courses, that were marked up in cost by 6-times and more when sold more »

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From Whistleblower to Whistleblower Attorney

  Attorney Clark Bolton Forges New Path at James Hoyer: As James Hoyer’s newest attorney, Clark Bolton, brings an extra level of pride to the firm. He took an unlikely path, from whistleblower to attorney representing other whistleblowers seeking justice. It’s a journey that started about 10 years ago.  After more than two decades as a fraud examiner, Clark was recruited to take a job at WellCare and moved his family from Connecticut to Tampa to become WellCare’s Supervisor of Special Investigations.  Not long after joining the company, he began to witness questionable activity, brought it to the attention of senior management, and ended up getting fired for it. That’s what brought him to James Hoyer. We represented him as a whistleblower for the government.  It was a very challenging time. There was a lot of money involved with a very powerful company.  He was blackballed and could not find more »

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New York / New Jersey Port Authority Enacts False Claims Policy

In January 2018, the New York / New Jersey Port Authority enacted its own False Claims policy as part of sweeping integrity reforms designed to ensure that fraud and ethical misconduct by contractors and vendors are detected and stopped.

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D.C. Case May Impact IRS Whistleblower Program Awards

IRS Whistleblower Claims

Working its way through the appellate system in the D.C. Circuit is a case that could have a major impact on the IRS Whistleblower Program. Since 2006, the IRS has had discretion to provide awards to whistleblowers who report information that leads to the IRS collecting proceeds of $2 million or less.  For cases where the collected proceeds exceed $2 million, the IRS was required to provide an award of 15-30%. The question presented by the appeal of Whistleblower 21276-13w v. Commissioner of Internal Revenue, 147 T.C. 121 (2016), is what exactly does “collected proceeds” mean?

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The False Claims Act’s Anti-Retaliation Provision Protects Whistleblowers Who Refuse To Take Part in Fraud

In late July, the Second Circuit United States Court of Appeals issued an opinion captioned Fabula v. American Medical Response, Inc. that should provide some comfort for whistleblowers who are contemplating bringing a False Claims Act case in connection with their refusal to take part in a potentially fraudulent scheme. The Fabula court was presented with two issues: whether the whistleblower had adequately pled that the defendant had submitted false claims for reimbursement to the Medicare and Medicaid programs; and whether the whistleblower engaged in protected activity when he refused to violate the False Claims Act. We’re going to focus on issue number two in this blog, as it pertains to the breadth of whistleblower protected activity covered by the False Claims Act’s anti-retaliation provision. The Whistleblower in Fabula First, a little background.  The whistleblower in Fabula was an Emergency Medical Technician, or “EMT” for short, who worked for the more »

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The False Claims Act: Our Best Weapon in the Fight Against Taxpayer Fraud

Acting Assistant Attorney General Chad A. Readler recently told Congress that False Claims Act (“FCA”) cases continue to be the most effective means of combating fraud and protecting the federal fisc.  In his testimony before the Judiciary Committee Subcommittee on Regulatory Reform, Commercial & Antitrust Law, Readler announced that since 1986, FCA cases have recovered more than $53.6 billion in funds stolen from the taxpayers.

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The Ins and Outs of the SEC Whistleblower Program

SEC Whistleblower Award

In this blog post we will briefly outline the major components of the SEC Whistleblower Program (“Program”) including the process of submitting a claim, notices of covered actions and their link to financial recovery, and finally the necessity to retain experienced counsel in order to protect your rights.

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SEC Investigating Atlanta-Based Hedge Fund for Federal Securities Violations

SEC Whistleblower Award

The Securities and Exchange Commission is investigating whether an Atlanta-based hedge fund is violating federal securities laws by guaranteeing to its investors that they won’t lose money. Statim Holdings Inc., headed by Joseph Meyer, Jr., is the parent company for Arjun LP, a hedge fund that previously ranked eighth among hedge funds with between $250 million and $1 billion in assets.

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