When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the creation of the SEC Office of the Whistleblower was heralded as a positive step in curbing fraud in federal securities transactions. Yet, in the three years since its...
Whistleblowers
Using the Freedom of Information Act to Support a False Claims Act Case?
There is no doubt that a whistleblower who has documents supporting his allegations will be much more prepared to prove his allegations than a whistleblower who is acting just on a hunch. In fact, many qui tam attorneys require some sort of validating information or...
A Race to the Courthouse: Why Being First Matters in Qui Tam Cases
A major point of emphasis in nearly every discussion of bringing a qui tam case is filing the case as early as possible. Though there are several reasons for this, the most important is due to a part of the False Claims Act known as the “first-to-file bar.” In sum,...
Overview of the SEC Whistleblower Program
“The Whistleblower Program is designed to aid the SEC’s efforts to protect investors from those who violate the securities laws by encouraging those who are aware of misconduct to come forward to report it to us so that prompt and effective action can be taken to...
Understanding Medicare Billing and Reimbursement Coding
A general understanding of Medicare billing and reimbursement can increase a healthcare whistleblower’s chances for success. It is not a requirement for a whistleblower to be a Medicare billing or reimbursement expert to bring a successful qui tam case involving fraud...
The Dos and Don’ts of Obtaining and Disclosing Company Documents when Filing a Whistleblower Case
Under the False Claims Act, whistleblowers are required to provide the government with “substantially all material evidence and information” in their possession upon filing a qui tam lawsuit. This assists the government in performing an early analysis of the merits...
Keeping It Confidential: Can a Relator Remain Anonymous Throughout a Qui Tam Case?
As has been discussed before on this blog, whistleblowers play a critical role in reducing fraud against our government and protecting the American taxpayers, and they should be celebrated for their courage. But, because of the potential workplace stigma and concerns...
The Role of a Relator and Relator’s Counsel in a Whistleblower Case
The James Hoyer Qui Tam Team Whether from personal experience, reading the news or just watching television, most people have some understanding of the basic legal case: a plaintiff sues a defendant, both sides have lawyers that file pleadings and exchange evidence,...
How Much Does the Relator Get? Factors That Are Considered In Determining Relator’s Share
When Congress amended the False Claims Act (FCA) in 1986, its goal was to increase private individual’s use of the qui tam provision of the FCA. Previous amendments had made the FCA ineffective by eliminating any real incentives for whistleblowers to come forward and...
Employment Cases and False Claims Act Cases: What Happens When They Overlap?
Qui tam attorneys are often approached by potential whistleblowers who have already contacted an employment attorney after being terminated or harassed on the job as a result of blowing the whistle on suspected fraud. Sometimes the whistleblower has already filed an...