Qui Tam Lawsuits: The Power of Whistleblowing in the Fight Against Fraud

Qui tam lawsuits are a powerful tool in the fight against fraud, waste, and abuse in government programs and contracts. The False Claims Act, the primary law that governs qui tam lawsuits, provides incentives for whistleblowers to come forward with information about fraud and empowers them to bring a lawsuit on behalf of the government. If the lawsuit is successful,…

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Qui Tam claims under False Claims Act often involve other theories of liability

The False Claims Act (FCA) is a federal law that allows whistleblowers to bring lawsuits on behalf of the government against individuals and companies that have defrauded the government. The FCA has been used to recover billions of dollars in damages and penalties, and it has become one of the most effective tools for combating fraud against the government. One…

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$5 million award to whistleblower in SEC case

On January 13, the U.S. Securities and Exchange Commission (SEC) awarded more than $5 million to a whistleblower who voluntarily provided original information to the SEC that led to a successful enforcement action. According to the award order, the whistleblower “submitted a tip and additional information that helped Commission staff shape its investigative strategy, identify witnesses, and draft document and information requests and…

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TD Bank manager pleads guilty in multi-million dollar PPP loan fraud scheme

In December, Daniel Hernandez, formerly a bank manager at TD Bank in Miami-Dade County, pleaded guilty in federal court to conspiracy to commit wire fraud. The charges stem from his alleged recruiting of TD Bank customers into filing over 80 fraudulent loan applications with the Small Business Association (SBA) Paycheck Protection Program (PPP) worth over $30 million dollars. Allegedly, Mr.…

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New Incentives for Whistleblowers in Anti-Money Laundering Cases

In December, Congress passed the Anti-Money Laundering Whistleblower Improvement Act (S.3316/H.R.7195), which provided new incentives for whistleblowers to report acts of transnational money-laundering to U.S. government authorities. The new law provides that whistleblowers shall be compensated with no less than 10% nor more than 30% of the monetary funds collected through anti-money laundering sanctions. Previously, there had been no minimum…

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Congress discovers widespread fraud among lenders in SBA Paycheck Protection Program (PPP)

PPP Fraud: Some Lenders Were Bank Robbers, Congressional Investigators Say | Inc.com (source) The stories of the Paycheck Protection Program getting pilfered by bad actors to do things like buy Lamborghinis and other luxury goods are the stuff of legend. However, a new report released by a congressional subcommittee suggests that many lenders did little if anything to prevent PPP fraud--and some actively…

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Settlement in California whistleblower lawsuit alleging kickbacks in eyecare industry – $23.8 million

Essilor Settles Whistleblower Lawsuit for $23.8 Million - News.law  (source) Essilor Laboratories of America Inc. has agreed to settle a lawsuit alleging the company violated the State of California Insurance Frauds Prevention Act. The $23.8 million settlement follows a lengthy California Department of Insurance investigation after a whistleblower lawsuit was filed in 2016. Essilor allegedly gave eyecare providers kickbacks and other…

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Whistleblower settlement in fraudulent medical services/kickbacks case

Modernizing Medicine (ModMed), a provider of cloud-based electronic health records (EHR) systems, recently agreed to pay $45 million to the federal government to settle a whistleblower lawsuit filed in 2017. In March 2022, the U.S. Department of Justice joined the case against ModMed and its two founders and executives, Dan Cane and Dr. Michael Sherling, after an investigation. The United States filed a complaint in intervention…

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SEC Awards $20 million to Whistleblower

On November 28, 2022, the SEC (Securities and Exchange Commission) announced a $20 million reward to a whistleblower who provided information that led to a successful SEC enforcement action. In determining this significant amount, the SEC considered that the whistleblower provided significant information and continuing assistance that helped SEC Enforcement Division staff quickly and efficiently investigate a complex issue. The…

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CFTC is Looking for Cryptocurrency Whistleblowers

The Commodity Futures Trading Commission protects the public from fraud, manipulation, and abusive practices related to the sale of commodities and financial futures and options. They investigate and prosecute commodities fraud, including foreign currency schemes, energy manipulation and hedge fund fraud, and work with other federal and state agencies to bring criminal and other actions. In light of the massive…

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