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

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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

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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

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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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The Senate proposes bill to improve the IRS Whistleblower Program

IRS Whistleblower Claims

The fight against fraud received some significant help last week when Senators Chuck Grassley and Ron Wyden introduced legislation geared to strengthen the IRS Whistleblower program.  

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Possible Pennsylvania False Claims Act?

Pennsylvania False Claims Act

Although a vast majority of states (and the District of Columbia) have False Claims Acts to protect their taxpayer dollars, twenty states still have not enacted effective anti-fraud legislation. Pennsylvania is one of those states lacking a False Claims Act law. Despite various lawmakers – on both sides of the aisle – introducing versions of a False Claims Act to the Pennsylvania legislature for nearly two decades, none have yet made it into law.

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Can you be a whistleblower against a state agency?

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Is a state or state agency a “person” for False Claim Act (FCA) whistleblower purposes?  This question is important because the language attaches liability to “any person who knowingly presents….false or fraudulent claims.” Since its inception in 1863, the FCA has been used by whistleblowers to recover money from individuals, corporations, and government contractors. Over the years, Congress has made several substantive changes to the Act; however, the issue of whether a state or state agency can be a “person” remained an open question.

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U.S. Intervenes In False Claims Act Case Alleging Kickbacks For Ambulance Services

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The United States filed a complaint on January 23, 2017, officially intervening in an alleged kickback scheme against East Texas Medical Center Regional Healthcare System, Inc., East Texas Medical Center Regional Health Services, Inc. (together “ETMC”), Paramedics Plus, LLC, Emergency Medical Services Authority (“EMSA”), and EMSA’s President, Herbert Stephen Williamson, alleging, among other things, violations of the False Claims Act and the Anti-Kickback Statute.

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Attorney General Nominee Pledges Support to Fight Fraud using False Claims Act

Alabama Senator Jeff Sessions is being questioned this week at confirmation hearings on his nomination for U.S. Attorney General by President-elect Donald Trump.  On Tuesday, Senator Sessions pledged his support to fighting fraud against the government and his support of the False Claims Act as a means to do so.

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DOJ: $4.7 Billion In Recoveries From 2016 Whistleblower Cases

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The United States released data last week showing that the Department of Justice (DOJ) recovered more than $4.7 billion in 2016 from settlements and judgments in whistleblower cases involving fraud or false claims against the government. This is the third largest annual recovery in the history of the modern False Claims Act (FCA), which dates back thirty years to 1986.

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Whistleblowers Earn Unanimous Supreme Court Win On Seal Violation Issue

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Last week, the Supreme Court issued an 8-0 decision in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby, finding in favor of the whistleblowers a little more than a month after holding oral arguments. As we wrote in November, this decade-old case originates from a property insurance claim made in the wake of Hurricane Katrina. The whistleblowers alleged that although their home was damaged by the hurricane, State Farm intentionally misclassified the damages as flooding in order to hoist the burden of payment on the United States.

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