Whistleblower

02/24/2015

Whistleblower Protection Against Retaliation by Employers

anti-retaliation-protection-whistleblower-law

Whistleblower Protection Provided Under SEC Law Federal law mandates that, if a company is publicly traded, they must report earnings and other financial information to the Securities Exchange Commission (SEC).  In 2002, the Sarbanes-Oxley Act was enacted in response to an increase in the mishandling of required SEC filings and corporate fraud. The legislation afforded employee whistleblower protection and helped the SEC further regulate corporations. The Act also made retaliation against a whistleblower a crime, for which the employer can be prosecuted.... Read More
01/19/2015

Whistleblower FAQ

What is a Whistleblower? A whistleblower is a person, usually an employee, who reports the illegal practices or misconduct of an individual, company or even a government contractor. There can be both internal and external whistleblowers. For example, an employee could report the misconduct of a co-worker to their supervisor or they could report the company to an outside entity, such as the media, a watchdog organization or a government agency. It is important to note that a whistleblower must reasonably believe... Read More
12/02/2014

Whistleblower Lawsuits Continue to Grow in 2014

Audet & Partners, LLP reports that the U.S. Securities and Exchange Commission ("SEC") has released its report on whistleblower complaints for Fiscal Year 2014 which ended on September 30, 2014.  The Report stated that the SEC received 3,620 tips from whistleblowers in 2014, an increase from 3,238 in fiscal 2013. Perhaps most interesting is the growth in whistleblower complaints reported from outside the United States including 70 tips from the United Kingdom (up 6% from 2013), 69 tips from India (up... Read More
09/24/2014

Whistleblower Award Nets $30 Million for Informant

Whistleblower Award

Audet & Partners, LLP has learned that the Securities and Exchange Commission is poised to pay out around $30 million to an individual who called ongoing fraud to the government's attention.  The fraud in question apparently involved illegal investment-related activity that defrauded investors of millions of dollars.  In a formal Order, the SEC stated that the whistleblower award would have been  more sizable had the informant reported the illegal activity sooner and that the delay in relating information to the government... Read More
09/15/2014

Whistleblower Lawsuit Against Boston Scientific Proceeds in Federal Court

Whistleblower Lawsuit Against Boston Scientific

A whistleblower lawsuit brought by former employees of Boston Scientific Neuromodulation Corp. accuses the company of presenting fraudulent claims and engaging in an kickback scheme with doctors involving its Precision Plus spinal cord stimulation system. Two former Boston Scientific employees filed the case alleging that, in addition to presenting fraudulent Medicare claims, the company pushed a non-approved use of the device through the use of illegal financial incentives to doctors. The Precision Plus device had been approved by the U.S. Food... Read More
08/27/2014

Phoenix VA Hospital Under Fire After New OIG Report

VA Hospital Delays Documented in OIG Report

Audet & Partners, LLP reports that a new report issued by the U.S. Department of Veteran Affairs (VA) Office of the Inspector General (OIG) has shed new light on the degree of substandard care rendered to U.S. veterans within the Phoenix VA hospital system. The extensive OIG Report (click here to access the complete Report) scrutinized medical records and additional information related to the care of 3,409 veterans awaiting treatment from the Phoenix VA system between April 2013 and April 2014.  Based... Read More
07/01/2014

Whistleblower Lawsuit Against Omnicare Nets $124 Million for Federal Government

Whistleblower Award

The Federal government has accepted a $124 million settlement from Omnicare to resolve several claims initiated by company employees who reported illegal kickbacks and other improprieties to regulators.  Omnicare is the largest provider of pharmaceuticals and pharmacy services to nursing homes in the United States. The whistleblower lawsuits, brought under the federal False Claims Act, challenged Omnicare's practice of offering below-cost contracts to supply pharmaceuticals and pharmacy services to skilled nursing facilities to secure provider contracts with these facilities.  According to... Read More
05/28/2014

Phoenix VA Hospital Waiting List Improprieties Documented in Government Report

VA Hospital Delays Documented in OIG Report

A Report released by the Office of the Inspector General ("OIG") has substantiated many of the alleged improprieties in the handling of veterans needing emergency care alleged in a recent lawsuit brought by a former employee. In its Report dated May 28, 2014, the OIG reported findings from its ongoing review of the Phoenix Health Care System ("HCS") as related to improper maintenance of a national Emergency Wait List ("EWL"), resulting in delayed, and in some cases, non-existent emergency medical... Read More
04/16/2014

Whistleblower Lawsuits On The Rise

Whistleblower Award

Whistleblower claims, or "qui tam" lawsuits, brought under the federal False Claims Act, increased to 753 in 2013, an increase of almost 20% over the previous year.*  These claims resulted in aggregate net recoveries to the federal government of $3.8 billion last year.  For the past four years, whistleblower lawsuits have produced recoveries to the federal government exceeding an aggregate amount of $3 billion. What is driving the rise in whistleblower lawsuits under the False Claims Act?  False claims involving healthcare... Read More
03/12/2014

Whistleblower Protection Now Extends to Employees of Private Contractors

Whistleblower Attorneys

The United States Supreme Court has extended whistleblower protections to private contractors of public companies. The Wall Street Journal reported on the Court’s March 4, 2014 decision wherein the court, in a 6-3 decision led by Justice Ruth Bader Ginsburg, held that whistleblower protections under the 2002 Sarbanes-Oxley Act extend to private contractors and subcontractors of a public company. The case involved former employees of FMR, LLC (FMR), a group of private companies that contracts to advise or manage public-company mutual funds. ... Read More