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IRS expands whistleblower awards

August 19, 2014 | Posted By: Hoyer Law Group, PLLC


The IRS recently expanded awards given to relators under the IRS whistleblower program; thereby encouraging more taxpayers to come forward to report wrongdoing. The online version of the regulations are available here. Historically, the whistleblower could share in a case’s “collected proceeds,” which was defined to include a wide variety of monies actually received by the […]

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Do I Really Need a False Claims Act Attorney? Pro Se Relators and the Pitfalls of Trying to Do it Alone

August 06, 2014 | Posted By: Hoyer Law Group, PLLC


You’ve suspected fraud at your workplace. You’ve gathered evidence that confirm your suspicions. You’ve researched the False Claims Act (“FCA”). You think you qualify to be a whistleblower and now you’re ready to file a qui tam complaint. In fact, you’re so prepared that you’re thinking maybe you don’t even need an attorney. After all, […]

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Wall Street Journal shines light on the FCA

July 24, 2014 | Posted By: Hoyer Law Group, PLLC


The Wall Street Journal recently ran a small feature on the False Claims Act. The article answers some basic questions about the FCA, but more importantly than that, it provides much needed exposure to an important tool for recovering taxpayer’s money — money that would otherwise be lost to fraud.As the article notes, the number […]

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Will the Supreme Court slash False Claims Act penalties?

July 09, 2014 | Posted By: Hoyer Law Group, PLLC


One case we’ll be watching next term is whether the Supreme Court takes the appeal of Gosselin World Wide Moving, N.V. v. U.S. ex rel Bunk. The complicated fact pattern laid out in the Fourth Circuit’s opinion tells the tale of the defendant moving company colluding with its industry peers to artificially inflate the packing […]

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U.S. Supreme Court Agrees to Hear False Claims Act Case about Statute of Limitations and First-to-File

July 01, 2014 | Posted By: Hoyer Law Group, PLLC


The United States Supreme Court granted certiorari today in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, a False Claims Act case addressing two issues: the proper statute of limitations under the Wartime Suspension of Limitations Act (“WSLA”), and the application of the first-to-file bar once an earlier case is no […]

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Whistleblower case against Lance Armstrong proceeds towards trial

June 23, 2014 | Posted By: Hoyer Law Group, PLLC


Whistleblower cases are not typically high-profile, media-fueled cases. But, when the defendant is one of America’s formerly-beloved sports superstars, the False Claims Act becomes front-and-center news around the world. And according to an order from a federal judge last Thursday, the most highly-publicized False Claims Act case in recent memory will move forward towards what […]

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Can you be forced to arbitrate your FCA claims?

June 13, 2014 | Posted By: Hoyer Law Group, PLLC


Image from Public Citizen The answer, unfortunately, is “maybe.” Modern employment contracts almost always contain some kind of arbitration provision whereby you and your company agree to resolve disputes through arbitration.Companies prefer arbitration over going to court for several reasons: the discovery rules limit what information you can get from them; the company can prevent […]

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Commodity Future Trading Commission Announces First Whistleblower Award

May 22, 2014 | Posted By: Hoyer Law Group, PLLC


Photo Credit: CFTC Website On Tuesday, May 20, 2014, the Commodity Future Trading Commission (“CFTC”) announced that it would be making its first award to a whistleblower who reported a fraud through the CFTC’s Whistleblower Program.  A $240,000 award will be made an an anonymous whistleblower who brought valuable information regarding violations of the Commodity […]

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What is Off-Label Marketing?

February 10, 2014 | Posted By: Hoyer Law Group, PLLC


In 2013, False Claims Act recoveries reached record levels, drawing in more than $3.8 billion in settlements and judgments.  A staggering amount of that recovery – more than $2 billion – came from a little known aspect of healthcare fraud called “off-label marketing.”  The massive settlements related to off-label marketing make one thing clear: familiarity […]

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United States Recovered $3.8 Billion From FCA Cases in 2013

January 02, 2014 | Posted By: Hoyer Law Group, PLLC


Photo: Larry Wiezycki, Polyphonic Image Happy New Year from the qui tam team at James, Hoyer, Newcomer & Smiljanich! We’re excited for a busy and productive 2014, and wish the same to our readers.  As we leave 2013 in the history books, we are pleased to note that it was a “banner year” for False […]

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Overcoming a Rule 9(b) Challenge in the 11th Circuit

November 07, 2013 | Posted By: Hoyer Law Group, PLLC


After a qui tam complaint is filed, the Department of Justice investigates the relator’s allegations and then decides whether to intervene and join the action, or whether to decline. If the government declines to join in the lawsuit, the relator and his or her counsel may decide to proceed forward with the case on their […]

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Health-Care False Claims Cases Reap $18.3 Billion, Report Shows

October 22, 2013 | Posted By: Hoyer Law Group, PLLC


Health-Care False Claims Cases Reap $18.3 Billion, Report Says Federal and state governments recovered $18.3 billion between 2008 and 2012 from lawsuits and criminal cases claiming health-care companies overbilled, according to an advocacy group that encourages whistle-blowers. Taxpayers Against Fraud, a Washington-based group, released a study showing total health-care recoveries, excluding whistleblower payments, rose to […]

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