Whistleblower

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
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
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
01/02/2014

Whistleblower Lawsuits and False Claims Act Recoveries For Health Care Fraud Net $2.6 Billion For Federal Government in 2013

In its continuing effort to safeguard expenditures of taxpayer dollars, the United States Justice Department has reported a 2013 recovery of $3.8 billion in settlements and judgments resolving a myriad of whistleblower lawsuits and False Claims Act cases.*  Cases involving health care fraud comprised more than one-half of the total reported recovery, or $2.6 million. The bulk of health care whistleblower and False Claims Act lawsuits involved Medicare and Medicaid fraud.  Especially evident within this group of cases were fraud and... Read More
08/21/2013

Whistleblower Protection Afforded by Federal Law Limited by Fifth Circuit

anti-retaliation-protection-whistleblower-law

A whistleblower is usually an individual who works for a private company involved in business with the government or a government employee who witnesses some sort of inappropriate or even illegal conduct. Usually, when a whistleblower reports this type of conduct to its employer under a federal law, that federal law contains anti-retaliation provisions to protect the employee. With specific regard to whistleblowing, Under the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010, at least five federal trial... Read More
05/22/2013

Whistleblower Lawsuit Against Novartis Joined by Department of Justice

The United States Department of Justice has announced its intent to make itself a party in a qui tam whistleblower lawsuit against the pharmaceutical manufacturer Novartis.* A qui tam lawsuit is filed by a whistleblower acting on behalf of the government against an organization allegedly engaged in fraudulent conduct. In certain cases, rather than allowing a whistleblower to proceed on its behalf, the Department of Justice will intervene in the case itself. Put another way, the government will engage in the... Read More