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Qui Tam

Whistleblower Lawyer Blog

A legal blog that covers whistleblowing law, including news and events dealing with whistleblowing law.
By Finch McCranie, Esq.

Post Frequency: 1.5/day

Last Entry: March 23, 2013 at 15:25:58

IRS & SEC Whistleblower Directors Join False Claims Act Officials for Conference on Whistleblower Issues

Posted on March 23, 2013
This week in a rare occurrence, the heads of the IRS and SEC Whistleblower programs and federal and state False Clams Act officials participated in one conference to discuss prosecuting and defending whistleblower cases. Our firm has organized this "Whistleblower Law Symposium" since 2007 to explore developments in the growing number of federal and state whistleblower laws that seek to stop fraud against taxpayer funds...

Health Care Fraud Institute Discusses False Claims Act Developments

Posted on December 18, 2012
Each December, some of the nation's top health care lawyers gather to discuss developments in prosecuting and defending health care fraud cases at the Health Care Fraud Institute in Atlanta. Because the qui tam law--the False Claims Act- is the government's primary civil tool to combat fraud and false claims, the False Claims Act developments are a highlight of the discussion...

SEC and Justice Department Issue "Resource Guide to the U.S. Foreign Corrupt Practices Act"

Posted on November 14, 2012
The SEC Whistleblower Program authorized in 2010's Dodd-Frank law has greater significance because the SEC and the Justice Department share jurisdiction over Foreign Corrupt Practices Act cases. Today, SEC Director of Enforcement Robert Khuzami and Assistant Attorney General Lanny Breuer released the "Resource Guide to the U...

As IRS Commissioner Steps Down Today, How the Next IRS Commissioner Can Immediately Help Address the "Fiscal Cliff" by Expanding the IRS Whistleblower Program

Posted on November 09, 2012
Today marks the end of IRS Commissioner Doug Shulman's tenure, just as President Obama and Congressional leaders shift to addressing the looming "fiscal cliff." Rather than disrupt the process of narrowing the deficit, Shulman's departure could actually assist it--in an important way that does not depend on raising tax rates...

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Another Record Year--False Claims Act Recoveries Triple in FY 2012

Posted on October 25, 2012
Each Fall, the Justice Department tallies its recoveries of taxpayer dollars that have been pilfered through fraud directed at federal programs. A year ago, DOJ proudly announced $3 billion in recoveries in False Claims Act cases, and a record $8.7 billion recovered in the three years starting in 2009...

Executive Summary of ?Georgia Taxpayer Protection False Claims Act?

Posted on October 24, 2012
Recently, I was asked to explain the newly enacted "Georgia Taxpayer Protection False Claims Act" to some 200 city and county attorneys in Georgia. Although our firm has qui tam False Claims Act cases pending around the country, I take particular interest in making successful this law that I helped draft...

First SEC Whistleblower Award Made Today--Reading the Tea Leaves

Posted on August 22, 2012
This morning's announcement that the SEC has made its first award to a whistleblower under its new SEC Whistleblower Program established by Dodd-Frank leaves some clues about the message the SEC intends to send. Speed: The SEC wasted no time--the award came barely two years after Dodd-Frank's passage, and a little more than a year after the SEC finalized its SEC whistleblower rules...

Release of Incarcerated UBS Whistleblower Birkenfeld Shifts IRS Whistleblower Debate to New Round of Issues

Posted on August 01, 2012
In connection with presenting programs on how to protect whistleblowers from criminal and civil liability, we have watched in amazement as UBS whistleblower Bradley Birkenfeld got himself incarcerated for a felony conviction--despite apparently being one of the most valuable IRS whistleblowers ever...

SEC Whistleblower Rules Have It Right: Report Shows Most Whistleblowers Report Internally First

Posted on May 30, 2012
When the SEC debated in 2011 requiring "internal" reporting within companies as a prerequisite to filing an SEC Whistleblower claim under Dodd-Frank, business interests howled that any other rule would "destroy" compliance programs. Never mind that the vast majority of whistleblowers have always raised concerns about illegal conduct internally before reporting to the government...

"Taxpayer Protection False Claims Act" Is Signed Into Law in Georgia

Posted on April 16, 2012
The nation's newest state False Claims Act was signed into law today by Georgia Governor Nathan Deal, after passing unanimously in both houses of the legislature. The "Georgia Taxpayer Protection False Claims Act" protects all taxpayer dollars spent not only by the State, but also by counties, municipalities, school districts, hospital authorities, and other local public bodies or entities...

Damages and Penalties in Qui Tam Cases Under the False Claims Act to Be Addressed at ABA Conference

Posted on March 30, 2012
A critical issue in qui tam cases under the False Claims Act is how government lawyers and whistleblower attorneys prove damages caused by the fraud and false claims involved. This whistleblowerlawyerblog's co-author MIchael A. Sullivan has been asked to moderate a panel discussion on "Recent Developments on Damages and Penalties" at a leading American Bar Association conference on the False Claims Act, the 2012 ABA National Institute on the Civil False Claims Act and Qui Tam Enforcement, on June 6-8, 2012 in Washington...

IRS Misses Golden Opportunity in Refusing to Modify Tax Whistleblower Rule

Posted on February 21, 2012
In a controversial decision today, the IRS squandered an opportunity to help close the tax gap by attracting more whistleblowers with significant information about large tax schemes. The public will suffer as a result. Stubbornly, the IRS rejected calls for a common sense approach to rewarding tax whistleblowers, as it refused to modify a proposed rule that narrowly defines the categories of cases that should justify awards to whistleblowers...

Another Financial Fraud False Claims Act Case Nets Millions from Lender

Posted on February 13, 2012
Financial fraud cases under the False Claims Act continue. A Pennsylvania lender has agreed to pay $3.9 million in a False Claims Act case over alleged false statements in mortgage loan applications for loans insured by the U.S. Department of Housing and Urban Development (HUD)...

In Largest False Claims Act Case Over Mortgage Fraud, Bank of America to Pay $1 Billion

Posted on February 09, 2012
Since the 2008 financial collapse, many have called for imposing liability on those whose fraud fueled the crisis. In this early phase of what we predict will be a wave of financial fraud cases, the Justice Department announced today the largest False Claims Act settlement to date over mortgage fraud...

IRS Whistleblower Claims Explored at Heckerling Institute, the Leading Conference for Estate & Trust Lawyers and Estate Planners

Posted on January 16, 2012
The University of Miami's Heckerling Institute last week brought together the nation's leading estate planners, including attorneys, trust officers, accountants, insurance advisors, and wealth management professionals. For the first time, these estate planning professionals delved into how estate and gift tax issues are the subjects of many IRS Whistleblower claims...

How Whistleblowers in Qui Tam, IRS, and SEC Whistleblower Cases Must Protect Email Communications

Posted on December 18, 2011
At the Healthcare Fraud Institute this past week, my panel was asked to address what steps whistleblowers should take to ensure confidentiality of emails with their lawyers. Although qui tam cases under the False Claims Act were the focus of our discussion, the same principles apply to tax whistleblowers and SEC whistleblowers...

Qui Tam Whistleblower Cases Under False Claims Act Explained

Posted on December 01, 2011
I have been asked to publicize a seminar at which I am speaking on handling qui tam whistleblower cases under the False Claims Act, the nation's primary whistleblower law addressing fraud that steals government funds. Here is the announcement: AAJ will hold a "Qui Tam" Teleseminar on December 6, 2011 at 2:00 pm EST...

2011 IRS Whistleblower Boot Camp Hears of Deputy Commissioner Steve Miller's "Desire for the Whistleblower Program to Grow"

Posted on November 20, 2011
At this past week's third annual "IRS Whistleblower Boot Camp," Deputy IRS Commissioner for Service and Enforcement Steven T. Miller spoke of his desire for the tax "whistleblower program to grow." A major announcement was that he would "push for" the IRS to begin using the expertise of whistleblowers who can help the IRS interpret information obtained in its audits...

Next IRS Whistleblower Boot Camp: Offshore and International Tax Whistleblower Issues and Latest Developments

Posted on October 27, 2011
Each year's "IRS Whistleblower Boot Camp" brings together senior officials of the IRS Whistleblower Office and tax whistleblower attorneys to explore the latest developments in the IRS Whistleblower Program. This year's Boot Camp is November 15, 2011 in Washington...

Qui Tam Whistleblower Cases, and the New Financial Whistleblower Programs by the SEC, CFTC, and IRS To Be Discussed at Whistleblower Law Symposium

Posted on September 26, 2011
Every two years, attorneys prosecuting or defending qui tam whistleblower cases under the False Claims Act and other whistleblower laws gather for the Whistleblower Law Symposium. We have written much about ?qui tam? whistleblower cases under the False Claims Act...

GAO Report Released on IRS Whistleblower Program: Raising--But Not Answering--the Fundamental Questions of What the Tax Whistleblower Program Needs to Be Most Effective

Posted on September 09, 2011
The promising new IRS Whistleblower Program that Congress authorized in December 2006 is the subject of a long-anticipated GAO Report released this morning. Disappointingly, the report raised, but did not attempt to answer, fundamental questions that will determine whether the IRS realizes the full potential of the new program in helping close the "tax gap"--or settles for a fraction of what it can accomplish...

Whistleblower Lawyer and IRS Whistleblower Office Staff to Speak at 2012 Heckerling Institute on Estate Planning

Posted on August 23, 2011
The new IRS Whistleblower Program for tax whistleblowers will be featured for the first time at the nation's leading conference for estate planners, the Heckerling Institute on Estate Planning. The Heckerling Institute is known as the country's "leading conference for estate planners, including attorneys, trust officers, accountants, insurance advisors, and wealth management professionals...

How the New CFTC Whistleblower Rules Will Operate

Posted on August 05, 2011
When the CFTC announced its final whistleblower rules yesterday, it answered many questions about how the new CFTC whistleblower program will work. David Meister, the CFTC's Director of the Division of Enforcement, provided this summary according to the unofficial transcript our firm prepared of yesterday's CFTC public meeting: The Commission will pay awards to eligible whistleblowers who provide original information to the Commission leading to a successful Commission enforcement action and the imposition of monetary sanctions in excess of $1 million...

CFTC Announces Final Whistleblower Rules, Rejects "Mandatory Internal Reporting" by Whistleblowers

Posted on August 04, 2011
The final whistleblower rules of the Commodities Futures Trading Commission (CFTC) are being announced now at a CFTC open meeting. Like the SEC, the CFTC has rejected any provision that whistleblowers be required first to report internally the violations in question, but will treat internal reporting as a "positive" consideration in its awards...

Qui Tam Whistleblower Cases Produced $97 Million in Recoveries After Being Declined by Justice Department

Posted on August 03, 2011
When qui tam whistleblower cases under the False Claims Act are "declined" by the Department of Justice, the whistleblower or "relator" is authorized to pursue the case on the government's behalf. The DOJ statistics below show that these declined cases have generated more than $97 million in recoveries for taxpayers since 1987, the year after the modern False Claims Act was born...

Progress with Dodd-Frank's Whistleblower Programs: CFTC and SEC Working to Deter the Next Big Schemes to Harm Investing Public

Posted on July 21, 2011
Too often missing in today's discussions of Dodd-Frank's one-year anniversary is appreciation of efforts by CFTC and SEC leadership to build from scratch the effective new whistleblower programs mandated by Dodd-Frank. With scant resources, each agency is creating an essential mechanism to protect today's investors from the next fraudulent scheme...

Former Credit Suisse Officials Indicted For Assisting U.S. Taxpayers Evade Taxes Since 1953

Posted on July 21, 2011
The IRS emphasis on international and offshore tax violations continues. Today, the government made clear that U.S. prosecutions for tax evasion using cross-border transactions did not end with the 2009 landmark UBS settlement. The Justice Department announced today that three more former Credit Suisse bankers have been indicted for helping U...

SEC Charges FCPA Bribery Scheme--Feds Collect $15 Million

Posted on July 13, 2011
The SEC Whistleblower Program encompasses not only classic securities violations, but also violations of the Foreign Corrupt Practices Act ("FCPA"), about which we have written previously. This past week, the SEC filed and settled an FCPA case against Armor Holdings, Inc...

Why the SEC Whistleblower Rules Show A New Seriousness About Using Valuable Securities Whistleblower Information

Posted on June 02, 2011
The suspense over the final SEC whistleblower rules ended with the SEC's release of its final whistleblower rules last week. The CFTC is to follow suit soon in announcing its own commodities whistleblower rules. We have followed the SEC rules' development, after being part of the small group of pro-whistleblower attorneys who met with the Commissioners and staff and urged changes to the draft rules to make them effective...

Why the SEC Whistleblower Rules Show A New Seriousness About Using Valuable Whistleblower Information

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