June 07, 2016 | Posted By: Hoyer Law Group, PLLC
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. While they collect their belongings, the company offers a lump sum of […]
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May 27, 2016 | Posted By: Hoyer Law Group, PLLC
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 Inflation Adjustment Act Improvements Act of 2015. Pursuant to the Act, the new, post-adjustment minimum penalty for a […]
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May 03, 2016 | Posted By: Hoyer Law Group, PLLC
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. Strange observed that “Medicaid is a lifeline” to a fifth of the population and that […]
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April 15, 2016 | Posted By: Hoyer Law Group, PLLC
Most whistleblower cases are brought to recover the ill-gotten gains of fraud committed against the government. Most cases arise in the healthcare field, but many stem from military contracts, educational grants, and even environmental fraud. One area that is often overlooked by whistleblowers is the opportunity to bring insurance fraud cases on behalf of private […]
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March 02, 2016 | Posted By: Hoyer Law Group, PLLC
On February 29, 2016, Lockheed Martin Corporation and subsidiaries Lockheed Martin Energy Systems and Lockheed Martin Utility Services agreed to pay the United States $5 million to resolve allegations that they violated the Resource Conservation and Recovery Act (RCRA) and, in misrepresenting their compliance with RCRA to the Department of Energy (DOE), knowingly submitted false […]
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February 15, 2016 | Posted By: Hoyer Law Group, PLLC
Credit: Steve Petteway, Staff Photographer of the Supreme Court As reported around the world this weekend, Supreme Court Justice Antonin Scalia passed away of natural causes at the age of 79. Justice Scalia, who at the time of his death was the longest serving Supreme Court justice, was the most outspoken and arguably the most […]
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January 06, 2016 | Posted By: Hoyer Law Group, PLLC
For the 2015 fiscal year, the United States Department of Justice reported that whistleblowers helped the government recover more than $3.5 billion for the fourth year in a row, bringing the total recoveries from January 2009 to the end of the fiscal year to $26.4 billion. While this amount is down from the 2014 record of $5.7 billion, […]
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December 07, 2015 | Posted By: Hoyer Law Group, PLLC
Updating on our previous post, on Friday, December 4th, the United States Supreme Court accepted certiorari in the case Universal Health Services v. United States ex rel. Escobar. As described by the ScotusBlog, the important issues related to qui tam liability presented to the High Court are: whether the “implied certification” theory of legal falsity under […]
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November 24, 2015 | Posted By: Hoyer Law Group, PLLC
Petitions for certiorari are before the Supreme Court of the United States asking that the Court resolve an important issue impacting False Claims Act liability for government contractors. The issue is whether implied certification of compliance with government contracts and regulations can be actionable in a qui tam lawsuit. The two cases that prompted the petitions […]
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October 28, 2015 | Posted By: Hoyer Law Group, PLLC
Some potential clients have asked: are federal agencies immune from whistleblower cases? For example, a federal health agency employee may have witnessed what they perceive the be wasteful spending of Medicare dollars or in some cases outright fraud. As any taxpayer would, they’d like to report what they’ve seen done with taxpayer money, and if […]
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October 06, 2015 | Posted By: Hoyer Law Group, PLLC
Last month, Deputy Attorney General Sally Q. Yates issued a memorandum on behalf of the Department of Justice (DOJ) that should help whistleblowers nationwide. The memorandum instructs DOJ attorneys investigating criminal and civil corporate misconduct to zero-in on the individual wrongdoers rather than just the corporate entity. The guidance will hopefully lead to larger, quicker settlements […]
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September 16, 2015 | Posted By: Hoyer Law Group, PLLC
In our experience, whistleblowers by and large do not do it for the money. Rather they bring the case in order to right a wrong inflicted upon their government and fellow taxpayers. That said, whistleblowers are financially incentivized to bring their cases. Section 3730(d)(1) of the False Claims Act (“FCA”), 31 U.S.C. §§3729-33 provides that […]
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