CFTC’s Authority Over Standalone Anti-Fraud Activities under the Dodd-Frank Act

September 06, 2018 | Posted By: Hoyer Law Group, PLLC

There is presently a disagreement among federal courts as to the scope of the Commodity Futures Trading Commission’s (CFTC) anti-fraud and anti-manipulation authority under the Dodd-Frank Act. The CFTC’s primary focus has always been on swaps and commodity futures contracts governed by the Commodity Exchange Act (CEA). However, the CFTC has also historically had anti-fraud and […]

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Puerto Rico Tackles Medicaid Fraud with the Passing of its own False Claims Act

July 26, 2018 | Posted By: Hoyer Law Group, PLLC

The Commonwealth of Puerto Rico recently announced the enactment of House Bill 1627, simultaneously enacting a Puerto Rican False Claims Act and authorizing the establishment of a Medicaid Fraud Control Unit. The new law allows whistleblowers to report any fraudulent act against the Puerto Rican government. The act allows Puerto Rico to join the 30 […]

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CFTC Announces First Whistleblower Award to a Foreign Whistleblower

July 23, 2018 | Posted By: Hoyer Law Group, PLLC

The Commodity Futures Trading Commission (CFTC) recently announced a whistleblower award of more than $70,000 to a foreign whistleblower, a first of its kind award for a foreign individual who significantly contributed to an ongoing CFTC investigation that led the CFTC to a successful settlement. It’s the sixth award to a whistleblower who provided valuable […]

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CFTC Announces Its Largest Ever Whistleblower Award of Approximately $30 Million

July 12, 2018 | Posted By: Hoyer Law Group, PLLC

The Commodity Futures Trading Commission (CFTC) announced its largest-ever whistleblower award of approximately $30 million today. The CFTC wrote that the whistleblower “voluntarily provided key original information that led to a successful enforcement action.” The award is the fifth CFTC whistleblower award and a great reminder of the program’s commitment to anonymity, as the CFTC […]

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Department of Justice Settles Two Large Lawsuits Alleging Healthcare Fraud

July 02, 2018 | Posted By: Hoyer Law Group, PLLC

The Department of Justice recently settled two cases involving alleged violations of the False Claims Act by healthcare providers. The Department of Justice issued a press release on June 25th stating that Caris Healthcare, L.P. and its wholly-owned subsidiary, Caris Healthcare, LLC, a for-profit hospice chain that operates in Tennessee, Virginia, and South Carolina, have […]

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SEC Proposes Whistleblower Rule Amendments

June 28, 2018 | Posted By: Hoyer Law Group, PLLC

The SEC voted today to propose amendments to its SEC Whistleblower Program rules. The SEC Whistleblower Program was established in 2010 and provides that if an individual presents the SEC with original information concerning a violation of federal securities laws leading to an enforcement action that results in over $1 million in monetary sanctions, that […]

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For-Profit Law Schools Sue ABA In Response to Findings of Non-Compliance with Regulatory Admissions Standards

June 21, 2018 | Posted By: Hoyer Law Group, PLLC

The American Bar Association (“ABA”), the regulatory body that oversees law school accreditation across the country, has recently been sued by the Florida Coastal School of Law, the now-defunct Charlotte School of Law, and most recently Arizona Summit Law School. All three for-profit law schools are owned by InfiLaw System LLC, a for-profit consortium of […]

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Acting Associate Attorney General remarks on the False Claims Act

June 14, 2018 | Posted By: Hoyer Law Group, PLLC

At a recent ABA conference on the Civil False Claims Act and Qui Tam Enforcement, the Acting Associate Attorney General, Jesse Panuccio, delivered remarks touching on a wide range of qui tam issues and Department of Justice policies including the Department’s enforcement priorities, dismissal discretion, view on sub-regulatory guidance, and intra-agency cooperation among others. The […]

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New York / New Jersey Port Authority Enacts False Claims Policy

March 07, 2018 | Posted By: Hoyer Law Group, PLLC

In January 2018, the New York / New Jersey Port Authority enacted its own False Claims policy as part of sweeping integrity reforms designed to ensure that fraud and ethical misconduct by contractors and vendors are detected and stopped. The new False Claims policy will punish contractors and vendors who intentionally make material false statements […]

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D.C. Case May Impact IRS Whistleblower Program Awards

November 21, 2017 | Posted By: Hoyer Law Group, PLLC

Working its way through the appellate system in the D.C. Circuit is a case that could have a major impact on the IRS Whistleblower Program. Since 2006, the IRS has had discretion to provide awards to whistleblowers who report information that leads to the IRS collecting proceeds of $2 million or less. For cases where […]

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The False Claims Act’s Anti-Retaliation Provision Protects Whistleblowers Who Refuse To Take Part in Fraud

August 24, 2017 | Posted By: Hoyer Law Group, PLLC

In late July, the Second Circuit United States Court of Appeals issued an opinion captioned Fabula v. American Medical Response, Inc. that should provide some comfort for whistleblowers who are contemplating bringing a False Claims Act case in connection with their refusal to take part in a potentially fraudulent scheme. The Fabula court was presented […]

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The False Claims Act: Our Best Weapon in the Fight Against Taxpayer Fraud

June 13, 2017 | Posted By: Hoyer Law Group, PLLC

Acting Assistant Attorney General Chad A. Readler recently told Congress that False Claims Act (“FCA”) cases continue to be the most effective means of combating fraud and protecting the federal fisc. In his testimony before the Judiciary Committee Subcommittee on Regulatory Reform, Commercial & Antitrust Law, Readler announced that since 1986, FCA cases have recovered […]

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