A 2005 GAO report concerning problems in the Raytheon contract to develop an environmental satellite system did not bar a later False Claims Act lawsuit filed by a whistleblower under the public disclosure provision, according to the Ninth Circuit. Reuters put the value of the potential lawsuit at $1 billion in a recent headline about...
One area of health care where there have been a handful of whistleblowers recently is hospice fraud. Hospice spending has exploded from nearly $3 billion in 2000 to over $15 billion in 2012, according to a Pittsburgh Post-Gazette article on hospice fraud published yesterday. If fraud prosecutions are any measure, there has been a fair...
Earlier this week, medical device manufacturer Olympus agreed to pay the largest ever civil False Claims Act settlement by a medical device manufacturer to resolve a lawsuit over violations of the federal anti-kickback statute. In addition to the record $310.8 million, they also agreed to pay $312.4 million in criminal penalties. A reward of around...
Bloomberg has reported the enforcement action and recipient of the first case of a reward for independent analysis by a SEC whistleblower (announced January 2016). The financial professional discovered a stock exchange data feed operating in violation of Regulation NMS on the day of the Flash Crash (May 6, 2010). The Securities and Exchange Commission,...
Another princeling investigation has wrapped up at the Securities and Exchange Commission, although this one didn’t involve suspicions of violations of the Foreign Corrupt Practices Act by an investment bank. Instead, it was mobile technology company Qualcomm that paid $7.5 million to resolve the government probe into bribery of employees of state-owned enterprises in China....
Last week, Representative Elijah E. Cummings and Senator Tammy Baldwin proposed a bill to modify several financial industry laws including the Dodd-Frank Act and Sarbanes Oxley Act to enhance and extend whistleblower rewards and anti-retaliation protections for bank and Wall Street whistleblowers. For those looking to follow the legislation in the House of Representatives, the...
At the end of last week, the Practicing Law Institute held its annual SEC Speaks conference with employees of the Securities And Exchange Commission. The program typically offers a wide range of insight into the securities regulator’s priorities for the coming year. Here are three of the discussions that hit our rader for whistleblowers: Hacking...
A Forbes article written by another whistleblower attorney is reporting the first settlements following appeals of award determinations by the Internal Revenue Service whistleblower program. The outcomes are remarkable because the IRS section 7623(b) program has been routinely criticized over the past few years for the dearth of payments given the sheer number of tips....
Whistleblowers should continue to expect the government’s pursuit of some enforcement actions to be tempered by limited resources as both the IRS and CFTC have recently acknowledged insufficient funding is causing tough choices within their agencies. The USA Today reported today that the IRS audit rates for large U.S. corporations fell to their lowest level...
2015 might have been a slow year for the FCPA in terms of enforcement resolutions, but 2016 is already off to the races. Sciclone, SAP and PTC have already been settled. And now there is VimpelCom, one of the largest global settlements of bribery allegations worldwide as well as in the United States. Two other...