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Articles Posted in Whistleblowers and Qui Tam Lawsuits

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Former Whistleblower Denied Portion of Government Settlement

Vinod Khurana alleged he should receive part of a $500 million settlement agreement between Science Applications International Corp. (SAIC), New York City, and the Southern District U.S. Attorney’s Office since he was a whistleblower who informed the government of SAIC’s fraudulent billing and record-keeping system. However, the court denied this…

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DOJ Investigating How Much Large Health Insurers Charge Medicaid

Based on documents from a qui tam lawsuit filed against numerous health insurance companies, it is clear that the U.S. Department of Justice is looking into allegations that major health insurers in the U.S. are overcharging Medicare. These insurers include UnitedHealth Group Inc., Health Net Inc., Aetna Inc., and Bravo…

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Federal Whistleblower Laws May Preempt Attorney-Client Privilege

There was an unexpected outcome in the unique case of Wadler v. Bio-Rad Laboratories, Inc., et al., when a federal judge in the Northern District of California ruled the Sarbanes-Oxley and Dodd-Frank Acts’ whistleblower protections preempted attorney-client privilege. This ruling allowed Sanford Wadler, the former general counsel of Bio-Rad Laboratories,…

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Whistleblowers Can Gather Confidential Company Documents

The U.S. District Court of the Southern District of California granted whistleblowers a significant victory this year. In the case of Erhart v. BofI Holdings, Inc., the district court found an employee’s confidentiality agreement with his or her employer did not trump federal whistleblower’s rights. In some circumstances, employees can…

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Recent Qui Tam Decisions Around the U.S.

Each week new qui tam suits, possible under the False Claims Act (FCA) are brought by private individuals against other individuals and businesses on behalf of the federal government. Many of these lawsuits take years to investigate and litigate. Additionally, each week sees some of these cases settled, finalized, or…

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Federal Court Finds Qui Tam Claimants Cannot Seal Agreement to Share Settlement

In the case of Fair Laboratory Practices Associates v. Riedel, the U.S. Court of Appeals for the 3rd Circuit determined that a qui tam settlement sharing agreement between two claimants did not need to be placed under seal. This is important information for claimants who want to make private agreements…

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If You Voluntarily Dismiss Your Qui Tam Suit, You Cannot Benefit From a Later Settlement

This February, a federal district judge from the Southern District of New York, part of the Second Circuit Court of Appeals, determined a whistleblower who voluntarily dismissed his False Claims Act (FCA) case against L-3 Communications EOTech Inc. in 2014 could not share in a settlement later reached between L-3…

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Defining “Person” Under the False Claims Act

The False Claims Act is a crucial tool for the government to be able to recover fraudulently obtained or retained funds. Under the FCA, the federal government, or private citizens on its behalf, can bring lawsuits against individuals or certain entities that have made a false or fraudulent claim, resulting…

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SCOTUS Rules Seal Violation Does Not Cause Automatic Dismissal of Qui Tam Case

In December 2016, the U.S. Supreme Court determined in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby that a violation of the False Claims Act (FCA) seal requirement does not require an automatic dismissal of the case. This is good news for whistleblowers and the U.S.…

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DOJ Recovers a Record Amount under False Claim Act and Qui Tam Cases

Between Oct. 2015 and Sept. 2016, the Department of Justice (DOJ) won more than $4.7 billion in judgements and settlements from civil fraud and false claims against the government, a DOJ press release stated. This recovery is from cases brought under the False Claims Act (FCA), including qui tam claims…

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