On October 24, 2016, the Department of Justice announced a settlement with Life Care Centers of America Inc. (Life Care) and its owner, Forrest L. Preston. The defendants agreed to pay $145 million to resolve a lawsuit alleging that Life Care violated the False Claims...
Whistleblowers
Can Government Employees be Whistleblowers under the False Claims Act?
Members of government agencies often ask us whether their employment by the government impacts whether they can serve as a whistleblower in a qui tam case under the False Claims Act (“FCA”)? Unfortunately, the short answer is “maybe.” Government employees can...
SEC Whistleblower Award Of $22 Million Goes To Monsanto Insider
This week, the Securities and Exchange Commission (“SEC”) announced that it issued an SEC whistleblower award of $22 million to an anonymous company insider who provided key information that resulted in Monsanto Company, a St. Louis-based...
The False Claims Act’s “Filed Under Seal” Requirement
The federal False Claims Act provides that when a new case is filed, there are certain rules that must be followed to keep the case confidential and to prevent the defendant from finding out that the government is conducting an investigation. The procedure, known as...
The First Whistleblower Law Is Officially 238 Years Old!
Happy National Whistleblower Appreciation Day! It’s the 238th anniversary of the first whistleblower law that was passed by the Continental Congress during the Revolutionary War. The law’s origins stem from ten U.S. Naval officers reporting the mistreatment of...
Supreme Court Case Could Be A Mixed Bag For Future Whistleblower Cases
A little over two weeks ago, the Supreme Court unanimously issued a decision in Universal Health Servs., Inc. v. United States ex rel. Escobar that has drawn diverse reactions from the whistleblower plaintiff and defense bars as to how it will apply to future...
SEC Issues $17 Million Whistleblower Award
Last week, the Securities and Exchange Commission (“SEC”) announced that it issued a whistleblower award of $17 million to an anonymous whistleblower. The award is the second-largest whistleblower award since the program started five years ago. The largest award...
Should you sign an employment release when considering a qui tam?
The Impact of Employment Releases on Qui Tam Cases Whistleblowers often run into this situation: they’ve done the right thing to report suspicious conduct up the company’s chain of command only to be rewarded by being told that their services are no longer needed....
False Claims Act penalties are going up and Vermont is looking back
Earlier this month the Railroad Retirement Board announced in the May 2nd Federal Register that the statutory penalties associated with False Claims Act cases would be going way up. The underlying legislation spurring the increase is the Federal Civil Penalties...
Alabama Attorney General pushes for an Alabama False Claims Act
Alabama Attorney General Luther Strange Late last month, Alabama Attorney General Luther Strange urged Alabama lawmakers to establish a False Claims Act for the state in order to increase the funds available for medical services for Alabama’s most needy citizens....