The U.S. Securities and Exchange Commission (“SEC” or “Commission”) released the Fiscal Year 2021 Annual Report (“Report”) of the SEC Whistleblower Program (“Program”) on November 15th, 2021. The Report outlines another record-breaking year for the Office of the...
Whistleblowers
Retaliation Protection for Employees Disclosing COVID-19 Fraud
The vast sums of taxpayer dollars that have been disbursed to combat the COVID-19 pandemic has created a unique opportunity for companies and individuals to become fraudsters. Given the speed in which the virus has spread and the relative haste in which the government...
What Does “Under Seal” Really Mean?
Jesse Hoyer Partner The Federal False Claims Act provides specific rules to keep the case confidential when a whistleblower files a new lawsuit. The rules prevent the defendant from finding out that the government is conducting an investigation. The procedure, known...
The Many Facets of the Dodd-Frank Act
David Fulleborn Senior Employment Counsel Our attorneys have substantial experience representing corporate, finance, and banking industry whistleblowers under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), the Sarbanes-Oxley...
Can Government Employees be Whistleblowers under the False Claims Act?
Jesse Hoyer Partner Members of government agencies often ask us whether their employment by the Government impacts whether they can serve as a whistleblower in a qui tam case under the False Claims Act (“FCA”)? Unfortunately, the short answer is “maybe.” Government...
Medically Unnecessary Tests Result in Approximately $43 Million Recovered by DOJ in Qui Tam Settlement
Kyle Mosey The Department of Justice (DOJ) recently settled a False Claims Act case amassing a $43 million recovery of misused taxpayer money. The False Claims Act allows individuals to file a lawsuit on the government’s behalf when they possess knowledge of...
New Virginia Law Grants Greater Protection for Whistleblowers
Virginia Governor Ralph Northam recently signed new laws that provide employees with greater rights in many aspects of their employment. Of these new laws, House Bill 798 is an extensive whistleblower law that grants employees a great deal of protection from their...
Department of Justice Raises Civil Penalties for False Claims Act Actions
On June 19, 2020, the Department of Justice raised the civil penalties applicable to False Claims Act actions. The civil penalty range prior to the increase was a minimum of $11,181 and a maximum of $22,363 per claim. This range has now increased to a minimum of...
Eleventh Circuit Partially Reinstates $348 Million False Claims Act Verdict
A panel of judges in the United States Court of Appeals for the Eleventh Circuit reversed a district court decision to vacate a $348 million jury verdict in a False Claims Act case. The panel instructed the district court to reinstate the jury’s verdict in favor of...
Fourth Circuit Clarifies that Qualified Immunity is No Defense to False Claims Act Allegations
On June 22, 2020, the United States Court of Appeals for the Fourth Circuit held that a lower court was wrong when it claimed to need more time to decide whether qualified immunity protected two West Virginia officials accused of misusing $42 million in funding. The...