Whistleblower Articles
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Blowing the Whistle From Abroad: A Guide to the U.S. False Claims Act and U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act
Jan 12
Posted by: Staff | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, January 12th, 2012
By Jay W. Eisenhofer, Reuben A. Guttman and Justin K. VictorThe United States Government has established laws providing for bounties to be paid to those who report certain types of fraud. Even foreign citizens are eligible to receive these monetary awards, which are paid under the False Claims Act (“Federal False Claims Act” or “FCA”) and through the Dodd-Frank Wall Street Reform and Consumer Protection Act. While the False Claims Act provides for redress against those entities or individuals that cheat the United States Government or i…
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Why Fighting Government Contract Fraud Makes a Difference
Oct 13
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, October 13th, 2011
As the fate of a government shutdown last week was teetering over budget cuts of between $20-$40 billion, I could not help remind myself that only last year the Deputy Attorney General of the United States estimated that Medicare-Medicaid fraud alone costs the government up to $60 billion.
Of course, this figure does not even account for precious healthcare dollars spent to treat injuries caused by misbranded drugs and defective medical devices. Taking into account over-billing by defense contractors in Iraq and Afghanistan, the for profit col… -
The Schindler Decision: Now It’s Congress’ Turn
Oct 13
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, October 13th, 2011
With the heightened pleading standard established by the Supreme Court in Twombly and Iqbal, it must follow that Plaintiffs are entitled to some accommodation in the manner and methods used to muster the facts now required to properly plead a case. Apparently this is not so.
In issuing its 5-3 decision (Justice Kagan did not take part in the decision) in Schindler Elevator Corp. v United States, No. 10-188 (May 16, 2011), the Court held that a whistleblower litigating under the Federal False Claims Act (FCA) does not have standing if his or he… -
Medicare Decides It Takes a Thief to Catch a Thief
Oct 13
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, October 13th, 2011
With Medicare fraud costing the federal government an estimated $60 billion a year, it makes perfect sense that the Centers for Medicare and Medicaid Services has tapped aerospace innovator Northrop Grumman to create a predictive model that will detect fraud. Or does it?
With all the great technology and healthcare companies out there, Northrop Grumman may not be the obvious choice, but in some ways it is perfect for this role. After all, Northrop is one of the worst perpetrators of fraud against the U.S. government. While some could see this … -
Fraudsters lobby to muzzle whistleblowers Commentary: Corporations have proven they can’t police themselves
Oct 13
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, October 13th, 2011
Last October, representatives from Pfizer Inc., Tyco International Ltd., Citigroup Inc. and other major companies met with officials from the Securities and Exchange Commission to share their views on rules implementing the Dodd-Frank whistleblower law. Not surprisingly, they want the rules watered down.
What these companies have in common is that they each have been involved in a massive corporate scandal that victimized consumers or shareholders. Had a whistleblower come forward early, their wrongful conduct could have been averted.
Despite… -
FIRST PERSON: Don’t Muzzle the Whistleblowers
Oct 13
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, October 13th, 2011
RIPPING OFF THE U.S. government has reached epidemic proportions. The Department of Justice estimates that fraud costs the Medicare system alone between $30-$60 billion annually. But instead of fines and jail time, fraudsters are frequently rewarded with more government business. And if the U.S. Chamber of Commerce and its allies have their way, these fraudsters will gain enhanced legal protection.
The U.S. Supreme Court recently heard oral arguments in a critical case testing the right of citizens to bring suit in the name of the United State… -
Pharmaceutical Regulation in the United States: A Confluence of Influences
Nov 10
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Wednesday, November 10th, 2010
Background
Pharmaceuticals, like other consumer products distributed in the United States, are subject to regulation and scrutiny from multiple sources. Legislative oversight and statutory pronouncement, regulatory mandate and oversight, judicial review, and non-governmental organization (NGO) and media oversight directly and/or indirectly impact the conduct of pharmaceutical manufacturers. In addition, stakeholders including pharmaceutical company shareholders, employees of pharmaceutical companies, and those entities that ultimately bear t…
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Corporate Integrity Agreements: Asking the Companies to Police Themselves, Please
Aug 12
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Thursday, August 12th, 2010
I. Introduction
The use of a corporate integrity agreements (“CIA”) in resolving the prosecution of pharmaceutical and medical companies is commonplace. As part of a deferred prosecution agreement, the U.S. Department of Justice, or the U.S. Department of Health and Human Services, Office of Inspector General, will ask the defendant corporation to enter into a CIA to police its behavior and, in part, ensure compliance with the terms of the settlement.
II. Background on Corporate Integrity Agreements
Since the mid-1990s, CIAs ha…
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Blowing the Whistle on Securities Fraud Means Money for Whistleblowers
Jul 26
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Monday, July 26th, 2010
The Dodd- Frank Wall Street Reform and Consumer Protection Act: The SEC Whistleblower Provision
On July 15, 2010 the Senate voted 60-to-39 to adopt the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”). President Obama signed the bill into law on July 21, 2010.Under the new legislation, the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting a new Section 21F, which includes provisions dealing with whistleblower incentives and protection.
Under Section 21F the voluntary submission of …
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Changes to the False Claims Act in Senate Bill 386
Nov 23
Posted by: Reuben Guttman | Number of Comments: Comments Off
Category: Whistleblower Articles | Date Posted: Monday, November 23rd, 2009
Introduction
Under new legislation, the federal False Claims Act (FCA),[1] will take an even more prominent role in protecting from fraud the increase of federal spending to meet the nation’s financial crisis. With federal funds going to a range of projects– from state infrastructure “shovel ready” road building to Internet connectivity, green energy innovation and high-tech transportation solutions”there are simply more federal expenditures in the pipeline for the FCA to cover.
On May 20, 2009, President Obama signed into law Senate B…