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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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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?

Whistleblower Case

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

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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