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Qui Tam

Whistleblower Lawyer Blog Whistleblower Lawyer Blog

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

Post Frequency: 1.1/day

Last Entry: March 30, 2011 at 00:34:46

Recent Entries: 173

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International and Offshore Tax Whistleblowers Issues Among Topics for Next IRS Whistleblower Boot Camp

Posted on March 30, 2011
We have written about the first two highly successful "IRS Whistleblower Boot Camps" in 2009 and 2010, at which the IRS Whistleblower Office and whistleblower lawyers gathered to discuss the latest developments in pursuing tax whistleblower cases. It is sponsored by Taxpayers Against Fraud...


Why Is The IRS Tying Its Own Hands In Tax Whistleblower Claims?

Posted on March 15, 2011
Yesterday we reported the final IRS regulations on sharing tax return information with tax whistleblowers. In theory, that sharing of information should follow the highly successful model used by the Justice Department in leveraging its resources by using the knowledge and expertise of whistleblowers in pursuing whistleblower cases under the False Claims Act...


IRS Whistleblower Rules To Allow Disclosure of Tax Return Information to Whistleblowers and Their Attorneys

Posted on March 14, 2011
The IRS announced today final regulations that will allow sharing of tax return information with IRS whistleblowers and their lawyers, as the IRS pursues tax whistleblower claims. Under these regulations, officers and employees of the Treasury Department may disclose tax return information to whistleblowers and, if applicable, their legal representatives, in connection with written contracts for services...


Offshore Alert Conference: Protecting Whistleblowers from Criminal and Civil Liability

Posted on March 08, 2011
Of interest to whistleblowers reporting fraud under the False Claims Act, the IRS Whistleblower Program, or the brand new SEC Whistleblower and CFTC Whistleblower Programs is an upcoming presentation, "Avoiding the Mistakes of the UBS/Birkenfeld Case: Protecting Whistleblowers from Criminal and Civil Liability...


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SEC Whistleblower Office Has First Director--Sean McKessy

Posted on February 18, 2011
Just as we have followed closely the development of the IRS Whistleblower program since Congress authorized it in December 2006, we are watching the birth of the new SEC Whistleblower program. In 2010's Dodd-Frank Financial Reform law, Congress mandated the creation of what could be the first meaningful SEC and CFTC Whistleblower programs...


SEC Resolves FCPA Case With Maxwell Technologies, Inc. Alleging Millions in Bribes to Chinese Officials

Posted on January 31, 2011
As we have discussed previously, bribery of foreign government officials is the subject of many cases filed by the SEC under the Foreign Corrupt Practices Act. Those cases, which often bring significant recoveries, will increase in number as a result rewards to whistleblowers under the new SEC Whistleblower program that we have followed...


New IRS Offshore Account Disclosure Program Takes Shape

Posted on January 29, 2011
As the IRS continues its increasing focus on international tax issues, a new IRS offshore disclosure program announced in December continues to take shape. While the IRS has not made public a full description of the program, details have emerged in comments of IRS officials over the past weeks...


Long-Awaited IRS Whistleblower Rule "Fix" Is Released for Comment

Posted on January 14, 2011
We have written previously about Senator Grassley's June 2010 harsh criticisms of aspects of the IRS whistleblower rules proposed in June 2010. The IRS's delay in finalizing those rules is a principal reason why IRS whistleblowers who have come forward since the December 2006 creation of the new IRS Whistleblower Program have not yet been paid...


Activities of IRS Large Business and International Division Earn Its Commissioner Recognition As "Tax Person of the Year"

Posted on January 05, 2011
Citing many developments in the IRS Large Business and International Division in 2010, Tax Analysts this week named IRS LB&I Commissioner Heather Maloy as its "Tax Person of the Year." Among those developments that we have followed previously are the international focus of the restructured LB&I division (formerly known as the Large and Mid-Size Business Division (LMSB)), and the creation of the new Global High Wealth Industry Group within LB&I...


New SEC Whistleblower Program to Benefit from SEC's Appointment of New Enforcement Official?

Posted on December 17, 2010
The SEC has just announced that current senior advisor to SEC Chairman Mary Schapiro, Stephen L. Cohen, has been named an Associate Director of the Division of Enforcement. We hope this is good news for the nascent SEC Whistleblower Program. The SEC recently announced that its delaying creation of an SEC Whistleblower Office for budget reasons...


IRS Whistleblower Claims Reporting Tax Evasion and "Overlooked" Returns

Posted on December 12, 2010
Tax whistleblowers using the new IRS Whistleblower Program have reported many instances of tax evasion involving domestic and foreign corporations, partnerships, and trusts, in addition to abusive offshore transactions about which we have written previously...


Special: Article Explaining the 2010 False Claims Act and State False Claims Acts

Posted on December 08, 2010
Three years ago, our whistleblower lawyer blog presented an in-depth article discussing the nation's major whistleblower law, the False Claims Act, and the wave of new state False Claims Acts. Since then in 2009-2010, Congress has amended the False Claims Act three times to remove obstacles created by courts, which had limited the law's effectiveness...


Part 1: Introduction: What You Should Know About the False Claims Act And New State False Claims Acts After the 2009-2010 Amendments

Posted on December 07, 2010
This is Part 1 of an updated explanation of the major qui tam whistleblower statutes, the federal False Claims Act and the new state False Claims Acts. This Part 31provides an introduction to the False Claims Act. In 2010, more than ever, it is essential for health care lawyers to understand their clients? potential liabilities under the federal False Claims Act (?FCA?)...


Part 2: The False Claims Act and the Increasing Number of State False Claims Acts

Posted on December 07, 2010
This is Part 2 of an explanation the federal False Claims Act and the new state False Claims Acts with qui tam whistleblower provisions. This Part 2 discusses the sound policy reasons underlying the False Claims Act. I. Why Have A ?False Claims Act?? Fraud is perhaps so pervasive and, therefore, costly to the Government due to a lack of deterrence...


Part 3: The False Claims Act: Background & History

Posted on December 07, 2010
This is Part 3 of an updated explanation of the major qui tam whistleblower statutes, the federal False Claims Act and the new state False Claims Acts. This Part 3 explains the history of the False Claims Act and why effective whistleblower laws are important...


Part 4: How the False Claims Act Works After the 2009-2010 Amendments (with Comparisons to Some State False Claims Acts)

Posted on December 07, 2010
This Part 4 of a six part summary explains how the federal False Claims Act works, after Congress amended it three times in 2009-2010. It also discusses similar provisions of some state False Claims Acts. This is an update from a previously published article by whistleblower lawyer blog author Michael A...


Part 5: The Trend of Recoveries Under the False Claims Act

Posted on December 07, 2010
This is Part 5 of 6 of a recently updated article about the qui tam whistleblower statutes, the federal False Claims Act and the new state False Claims Acts. This is an updated version of a previously published article by whistleblower lawyer blog author Michael A...


Part 6: States? Experiences With Their Own False Claims Acts

Posted on December 07, 2010
This Part 6 is the final installment of an article explaining why the major qui tam whistleblower statute, the federal False Claims Act, has led to a wave of new state False Claims Acts. It is an updated version of part of a previously published article by whistleblower lawyer blog author Michael A...


Insider Trading Probe Reinforces Immediate Need for Strongest SEC Whistleblower Program

Posted on November 21, 2010
Yesterday's Wall Street Journal reports a "sweeping" insider trading investigation, with civil and criminal charges soon to follow, involving "consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts across the nation." While the details remain to be seen, the unending series of fraud cases that continue--despite Sarbanes-Oxley--proves why Wall Street must not be allowed to neuter the first potentially meaningful SEC whistleblower program, mandated by the Dodd-Frank financial reform law...


With New SEC Whistleblower Program Proposed Rules Announced, Will the SEC Allow Potential Defendants to Gut Them?

Posted on November 04, 2010
We have been awaiting the SEC's proposed rules for its new SEC Whistleblower Program, released yesterday. Even before the announcement, however, those who oppose this first potentially meaningful SEC Whistleblower Program have begun efforts to undermine it...


SEC Whistleblower & Commodities Whistleblower Programs (including Foreign Corrupt Practices Act violations)

Posted on October 19, 2010
Based on our firm's long experience in representing whistleblowers, we were asked by the Senate Banking Committee staff for input in how the new SEC and CFTC whistleblower provisions of the July 2010 Dodd-Frank Financial Reform Act should work. We urged that the Senate change the tepid House version, which provided no meaningful rewards to whistleblowers, in favor of an enforceable right for SEC and CFTC whistleblowers to a significant reward...


Links to SEC Whistleblower and CFTC Whistleblower Lawyer Information

Posted on October 18, 2010
Our whistleblower lawyer blog has followed closely the development of the first potentially meaningful SEC Whistleblower and Commodities Whistleblower Programs. That link provides regular updates. Based on our firm's long experience in representing whistleblowers, we were asked by the Senate Banking Committee staff for input in how the new SEC and CFTC whistleblower provisions of the July 2010 Dodd-Frank Financial Reform Act should work...


SEC Recovers $39 Million under Foreign Corrupt Practices Act for Bribery and Kickbacks in Mexico and Iraq

Posted on September 29, 2010
One of the most interesting twists to the new SEC Whistleblower Program will be how many commercial bribes and kickbacks paid to foreign government officials will now come to light. As we have written about previously, the SEC shares jurisdiction with the Justice Department over such cases that violate the Foreign Corrupt Practices Act (FCPA)...


Health Care Fraud Cases and 2009-2010 Amendments to False Claims Act Discussed at National Fraud and Compliance Forum

Posted on September 27, 2010
At the annual Fraud and Compliance Forum in Baltimore that runs through Tuesday, the nation's top health care lawyers will be paying close attention to recent changes to the nation's primary whistleblower law, the False Claims Act. The "qui tam" provisions of the False Claims Act allow private citizen whistleblowers ("relators") to share in the government's recovery of damages...


Indiana Attorney General Invites Qui Tam Whistleblower Cases by Health Care & Pharmaceutical Employees To Stop Health Care Fraud

Posted on August 20, 2010
Smart and effective state Attorneys General have fought fraud against their citizens through encouraging greater use of the country's major whistleblower law, the False Claims Act, and state versions of that law. Texas AG Greg Abbott, for example, has a staff that has long distinguished itself for recovering millions of stolen taxpayer funds in health care fraud cases, under the leadership of Pat O'Connell and, more recently, Ray Winter...


Shouldn't the IRS Pay Tax Whistleblowers Who Help Prevent Fraudulent Refunds?

Posted on August 18, 2010
When IRS whistleblowers save U.S taxpayers money, they deserve the rewards that lawmakers such as Sen. Chuck Grassley fought to establish. In 2006 his efforts resulted in the first meaningful IRS Whistleblower program ever, which is attracting many tax whistleblowers with significant evidence...


Merck and Other Pharma Companies Probed by DOJ and SEC in Foreign Corrupt Practices Act (FCPA) Investigation

Posted on August 09, 2010
When Pharma manufacturers are targeted by the Department of Justice, qui tam whistleblower cases under the False Claims Act are often the reason. Now, whistleblowers may also receive rewards for reporting violations of the Foreign Corrupt Practices Act (FCPA), thanks to the new whistleblower provisions of the Wall Street financial reform law...


Does SEC Whistleblower Reward of $1 Million Signal A New Attitude Toward Wall Street Whistleblowing?

Posted on August 08, 2010
Only days after the new financial reform law created the first potentially meaningful awards for whistleblowers reporting securities and commodities violations and abuses, the SEC may have signaled a new attitude toward encouraging whistleblowers. The SEC recently announced its first million dollar award for a whistleblower's report of information about insider trading involving hedge fund adviser Pequot Capital Management, Inc...


International Tax Evasion Targeted by IRS Move to Revamp Its Large Business Division

Posted on August 05, 2010
To battle offshore tax abuses and other international tax fraud and tax evasion, the IRS has announced that it is "realigning" and renaming its Large and Mid-Size Business (LMSB) division. To reflect its new emphasis, it will known as the "Large Business and International" division (LB&I)...


Offshore Tax Havens Face Increasing Scrutiny, With IRS Whistleblowers Assisting

Posted on August 04, 2010
"Offshore" accounts are an increasing priority of IRS enforcement, aided by the new IRS Whistleblower Program. The Offshore World has changed and will never be the same again. The traditional tax haven assurance of secrecy and anonymity won't necessarily work any more...


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