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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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Does the Government Shutdown Have Any Impact on My Qui Tam Case?

October 10, 2013 | Posted By: Hoyer Law Group, PLLC


It has been 17 years since the United States government faced a partial shutdown as the result of a dispute between members of Congress. This is a tumultuous and uncertain time for our government and for all American citizens, and the simple reality is that we may not know answers about many aspects of the […]

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SEC Announces $14 Million Whistleblower Award

October 01, 2013 | Posted By: Hoyer Law Group, PLLC


Right on the heels of Chief Sean McKessy’s interview promising more resolved cases and whistleblower awards, the U.S. Securities and Exchange Commission (“SEC”) announced an award of more than $14 million to a whistleblower today.  The whistleblower has requested to stay anonymous, which the SEC law permits – a distinct difference from typical False Claims […]

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Chief Sean McKessy Optimistic About Direction of SEC Whistleblower Program

September 30, 2013 | Posted By: Hoyer Law Group, PLLC


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 inception, the SEC has paid out only four relatively meager awards, despite […]

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Using the Freedom of Information Act to Support a False Claims Act Case?

September 24, 2013 | Posted By: Hoyer Law Group, PLLC


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 documentation before proceeding with the case. When searching for documents, […]

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A Race to the Courthouse: Why Being First Matters in Qui Tam Cases

September 16, 2013 | Posted By: Hoyer Law Group, PLLC


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, the first-to-file bar creates a […]

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Overview of the SEC Whistleblower Program

September 09, 2013 | Posted By: Hoyer Law Group, PLLC


“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 prevent or stop the misconduct.” —Sean X. McKessy, Chief, […]

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Understanding Medicare Billing and Reimbursement Coding

September 03, 2013 | Posted By: Hoyer Law Group, PLLC


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 committed against a government healthcare program.  However, knowledge of a defendant’s billing and reimbursement […]

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The Dos and Don’ts of Obtaining and Disclosing Company Documents when Filing a Whistleblower Case

August 26, 2013 | Posted By: Hoyer Law Group, PLLC


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 of the case.  As one would expect, the more compelling evidence of wrongdoing a whistleblower […]

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Keeping It Confidential: Can a Relator Remain Anonymous Throughout a Qui Tam Case?

August 19, 2013 | Posted By: Hoyer Law Group, PLLC


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 of retaliation, whistleblowers often ask if they can protect their identity during a case […]

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