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Violating the FCA’s Anti-Kickback Statute via Charities

Violating the Fca’s Anti-Kickback Statute via Charities

Several big pharmaceutical companies have been under investigation for using charities that fund drug co-pays in ways that violate the False Claims Act’s (FCA) rules regarding illegal payments (kickbacks). The Anti-Kickback Statute (AKS) forbids drug companies from paying for a Medicare patient’s drugs by offering either partial or full remuneration, because doing so might be … Continue reading “Violating the FCA’s Anti-Kickback Statute via Charities”

First SEC Award Paid Under the “Safe Harbor” Rule

First SEC Award Paid Under the “Safe Harbor” Rule

A former company insider will be awarded more than $2.2 million by the SEC for providing crucial information that led to a substantial Securities and Exchange Commission (SEC) enforcement action. The whistleblower reported their information to the SEC after telling another federal agency first, but because they conveyed the information within a 120-day grace period, … Continue reading “First SEC Award Paid Under the “Safe Harbor” Rule”

Shocking Wrongdoing Alleged in Whistleblower Pharma Case

Shocking Wrongdoing Alleged in Whistleblower Pharma Case

The U.S. Department of Justice (DOJ) has announced that they will intervene in five whistleblower (qui tam) False Claims Act (FCA) cases. The first of the five cases was brought in 2013 by Maria Guzman, a former sales representative for Insys Therapeutics, headquartered in Chandler, Arizona. The five cases were ordered unsealed in the Los … Continue reading “Shocking Wrongdoing Alleged in Whistleblower Pharma Case”

SC Man Liable in $51 Million Whistleblower Case

Three separate qui tam cases that ended up being litigated as one concluded on January 31, 2018, when a federal jury handed down a unanimous verdict of fraud against the three defendants, one of whom is from Lexington, South Carolina. Floyd Calhoun “Cal” Dent, III, a Midlands-area man, and his partner, Robert Bradford “Brad” Johnson … Continue reading “SC Man Liable in $51 Million Whistleblower Case”

Brave New World: Cryptocurrencies and Whistleblowers

Whistle

Cryptocurrencies—of which the best-known is Bitcoin—have appeared in financial news stories with increasing frequency during 2017 and early 2018. Perhaps you’ve read about daily swings of $1,000 or more in the prices of Bitcoin, Ethereum, and other “cryptos.” It may seem as if a lot of people are scoring quick profits. But fast profits can … Continue reading “Brave New World: Cryptocurrencies and Whistleblowers”

New National Day for Whistleblowers

Calendar

Did you know that whistleblowers have national days of recognition devoted to them? Seventeen of such days exist, among them National Report Medicare Advantage Fraud Day on April 24, National Report Government Contractor Fraud Day on May 8, and National Report Kickback Fraud Day on September 18. For the first time on January 23, 2017, … Continue reading “New National Day for Whistleblowers”

More Than $20 Million in Recent SEC WB Awards

Shocking Wrongdoing Alleged in Whistleblower Pharma Case

Three recent whistleblower awards in one week—one announced on December 5, 2017, and two on November 30, 2017—totaled over $20 million. The three whistleblowers helped the Securities and Exchange Commission (SEC) recover undisclosed millions from alleged wrongdoers in the financial world. The November 30 Awards Two whistleblowers provided the SEC with information which was critical … Continue reading “More Than $20 Million in Recent SEC WB Awards”

“Reckless Disregard” and the FCA

Accountant Auditing For Fraud

With certain investigations into violations of the False Claims Act (FCA), a critical issue is whether someone knew that wrongdoing was taking place. Under the FCA, “knowing” about violations creates liability for false claims. “Reckless disregard” can be at the heart of liability for a false claim. The courts have examined the issues and have … Continue reading ““Reckless Disregard” and the FCA”

The “Duty Speech” Doctrine and Whistleblowers

Shocking Wrongdoing Alleged in Whistleblower Pharma Case

Workers who blow the whistle on illegal actions generally are—and should be—protected from retaliation by their employer and others. Protection from retaliatory measures is a fair system because it encourages whistleblowers to step forward. However, one group of employees deserves special mention. Those whose job it is to identify and investigate unlawful actions, such as … Continue reading “The “Duty Speech” Doctrine and Whistleblowers”

Bert Louthian Representing Client in Lawsuit Against SCANA

SCANA Lawsuit

South Carolina residents have likely seen several headlines recently regarding energy-based holding company SCANA and several lawsuits that have been filed against the company. Charges against SCANA include misleading regulators, overcharging customers and paying millions of dollars in bonuses to executives amidst a failed nuclear project. One of the many parties filing lawsuits against SCANA … Continue reading “Bert Louthian Representing Client in Lawsuit Against SCANA”

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