Professional Documents
Culture Documents
Overview
1. 1. 1. 1. 2. 1. 2007 2011 (a sea change in the law) Update on the False Claims Act Update on the SEC Whistleblower Program Update on the IRS Whistleblower Program Whats new Whats coming
2007 2011
1. 1. 1. 1. 1. 2. IRS Whistleblower Program created False Claims Act strengthened SEC Whistleblower Program created CFTC Whistleblower Program created Other laws (Dodd-Frank; PPACA; Federal Acquisition Regulation) The Texas Medicaid Fraud Prevention Act strengthened
Qui Tam
Mischarge case:
Doctor bills Medicare for services not actually provided
False negotiation:
Contractor bribes government contracting officer to obtain contract Note: pecuniary harm to the Government is not necessary
Fraud Enforcement and Recovery Act of 2009 substantially strengthened the False Claims Act
PPACA loosened the standard who can act as a qui tam relator
Pattern of federal judges denying DoJ motions to extend the seal period
United States v. Caronia, No. 09-5006 (2d Cir. Dec. 3, 2012) (holding by 2-1 that truthful, nonmisleading off-label promotion is constitutionally protected commercial speech)
Bradley Birkenfeld, a whistle-blower in the tax evasion case against Swiss bank UBS AG, holds a news conference outside the Schuylkill County Federal Correctional Institution in Minersville, Pa., Friday, Jan. 8, 2010, before reporting to the federal prison.
Expands protection for Government whistleblowers Protects government scientists who challenge censorship Provides all-Circuit review (two-year experiment)
Would amend THE ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REPORT ACT Would extend whistleblower protection to employees of companies engaged in criminal antitrust conduct
Would protect an employee who reports to the U.S. DoJ Antitrust Division a violation of the antitrust laws (reasonable belief)
Would protect a whistleblower who reported other violations committed either in conjunction with an antitrust violation, or during an investigation by the Antitrust Division Actionable retaliatory action would include discharge, demotion, suspension, threatening, harassing or discriminating in any other manner in the terms of employment Employees involved in an antitrust or related violation are not protected
Dan L. Hargrove, J.D., LL.M. Waters & Kraus, LLP (210) 349-0515 dhargrove@waterskraus.com www.govtfraudlawyer.com