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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: 1.1/day

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

How Whistleblower Lawyers Work Alongside Government Lawyers In Successful Qui Tam Cases Under the False Claims Act

Posted on August 03, 2010
When whistleblower attorneys bring a qui tam False Claims Act case, the most successful results usually occur when Government counsel and the whistleblower's lawyers (Relator?s counsel) work together in what is known as the ?public-private? partnership model...

New Rewards for Whistleblowers Reporting Bribery of Foreign Government Officials, Corporate Fraud In Foreign Government Contracts

Posted on July 21, 2010
When the President signed the new financial reform bill into law today, new whistleblower provisions quietly took effect to battle corruption, bribery, and corporate fraud to obtain foreign government contracts. This new law creates the new SEC whistleblower program that we have followed since its gestation after the Madoff scandal broke...

Whistleblowers Reporting Derivatives Fraud? Whistleblower Incentives Must Be Paid by CFTC Under New Financial Reform Bill

Posted on July 18, 2010
The new financial reform bill that awaits the President's signature this week has something important for potential whistleblowers with knowledge of fraud in options, futures, derivatives and other financial products within the jurisdiction of the Commodity Futures Trading Commission (CFTC)...

New SEC Whistleblower Program Approved by Senate in Financial Reform Bill

Posted on July 17, 2010
Since the SEC refused for years to heed Madoff whistleblower Harry Markopolis' warnings that Madoff was running a Ponzi scheme, we have followed with great interest the efforts of those who sought to create the first meaningful SEC whistleblower program...

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New IRS Procedures for Whistleblowers Should Encourage More Significant IRS Whistleblower Claims

Posted on July 01, 2010
This morning's Washington Post quotes me, among others, in criticizing one aspect of the new procedures for IRS whistleblowers recently published in the Internal Revenue Manual. That one glaring defect aside, the new IRM procedures are welcome news that should encourage more IRS whistleblowers to come forward...

TARP Fraud and Other Violations Alleged by SEC Against Chairman of Major Mortgage Lender

Posted on June 16, 2010
As we have written previously, the billions of "bailout" dollars to financial institutions through the TARP program inevitably would result in many fraud cases, including some by TARP whistleblowers. Today, the SEC announced allegations of TARP fraud and securities fraud of more than $1...

New IRS Whistleblower Claim Procedures for Determining Awards to Whistleblowers Announced

Posted on June 16, 2010
Today the long-awaited IRS Whistleblower Office procedures for determining awards to tax whistleblowers were announced in an update to the Internal Revenue Manual. The new provisions for IRS Whistleblower claims address many details of how tax whistleblower claims will be handled...

Offshore Tax Violations: Sen. Grassley Calls For Accounting of Use of UBS Information Provided by Tax Whistleblower

Posted on June 08, 2010
Offshore tax evasion is a great priority for the IRS, and thus also the IRS Whistleblower Program. Today, the leading advocate for robust whistleblower laws has called for the Treasury Department and the IRS to account for their use of information provided by the "UBS whistleblower," Bradley Birkenfeld...

Health Care Industry and 2009-2010 Changes to False Claims Act

Posted on June 06, 2010
The health care industry is adjusting to major changes to the nation's major "whistleblower" law, the False Claims Act. Both in 2009 and 2010, Congress has removed obstacles to whistleblowers' use of this anti-fraud statute to address Medicare and Medicaid fraud, as well as fraud affecting every other federal program...

Offshore Tax Evasion Scheme to Defraud IRS Alleged in Indictment of Miami Beach Developers

Posted on May 27, 2010
A high priority for IRS Whistleblower cases is the abuse of offshore "tax havens" or offshore financial centers to conceal income from the IRS that is subject to U.S. taxation. Over drinks in Miami Beach recently with IRS agents who worked the massive UBS matter, I discussed some of the recent announced cases the IRS has made involving offshore abuses...

Grassley False Claims Act Hearing Scheduled

Posted on May 25, 2010
Senator Charles Grassley has announced hearings on the recent amendments to the False Claims Act on ____. uehhfpihwpifhpwb wpiehfpehwepihf weiphfhih

More Details of UBS Whistleblower Birkenfeld's Prosecution Explained in Washington Post

Posted on May 16, 2010
The Sunday, May 16, 2010 Washington Post will include more details on a perplexing question we have written about: how did UBS whistleblower Bradley Birkenfeld get himself prosecuted for a felony, and earn a prison sentence, while he sought to become an IRS whistleblower? The story by David S...

Should SEC Whistleblowers Have Right to Share in Recoveries That They Cause?

Posted on May 04, 2010
Congress is at a crossroads in deciding whether there will be a meaningful SEC Whistleblower Program--for the first time. At this morning's Offshore Alert conference in Miami, we heard from the SEC Chair's Senior Advisor Stephen Cohen on this subject, as well as insight from IRS Whistleblower Office Director Steve Whitlock on how the IRS Whistleblower Program is now designed to encourage whistleblower claims...

State False Claims Acts Must Be Updated to Include New False Claims Act Changes, Grassley Warns

Posted on April 30, 2010
Senator Chuck Grassley is making sure that the States take advantage of important, recent improvements to the federal False Claims Act--with the help of financial incentives. In doing so, Grassley highlighted a defect in Oklahoma's False Claims Act that should disqualify any state with a similar defect from these financial incentives...

IRS Whistleblower Office Announces Important Changes, New Procedures for IRS Whistleblower Program

Posted on April 29, 2010
IRS Whistleblower Office Director Steve Whitlock announced important long-awaited developments in the new IRS Whistleblower Program yesterday at the Second Annual "IRS Whistleblower Boot Camp" in Washington. First, Director Whitlock finally announced how the IRS will share information with whistleblowers that will allow them to understand the Whistleblower Office's decisions about what awards are made to whistleblowers...

New IRS Whistleblower Program Developments Discussed This Week at "IRS Whistleblower Boot Camp"

Posted on April 25, 2010
On Tuesday, April 27, 2010, the Second Annual "IRS Whistleblower Boot Camp" will convene in Washington, D.C., sponsored by Taxpayers Against Fraud. Representatives of the IRS Whistleblower Office will discuss the latest developments in the IRS Whistleblower Program, though which tax whistleblowers can receive up to 30% of recoveries by the IRS...

SEC Charges Goldman Sachs With Fraud in CDO Tied to Subprime Mortgages

Posted on April 16, 2010
As Congress finally works to establish a more meaningful SEC whistleblower program, the SEC has just announced that it has charged Goldman Sachs and one of its vice presidents with fraud, in connection with a "financial product tied to subprime mortgages, as the U...

SEC Whistleblower Program--The SEC Inspector General's Report

Posted on April 05, 2010
Post-Madoff, we have followed the legislative efforts to help establish an effective SEC whistleblower program. We know that the Senate Banking Committee in particular has worked hard in attempting to devise the best overall arrangement to encourage and reward whistleblowers who report fraud within the SEC's jurisdiction...

Well Worth a Read: SEC Whistleblower Harry Markopolos' "No One Would Listen: A True Financial Thriller"

Posted on April 05, 2010
After meeting with the Department of Justice in Washington recently to discuss another whistleblower case, I picked up Harry Markopolos' recent book, "No One Would Listen: A True Financial Thriller." It is a fun and engrossing read, with humor that I did not expect to find in this subject...

New Health Care Law Arrives With Announcement of $12 Million Recovery in Qui Tam Whistleblower Case Under False Claims Act Brought by Finch McCranie, LLP and Simpson Law Firm, LLC

Posted on March 26, 2010
The major new "health care" law that the President signed this week, the Patient Protection and Affordable Care Act (Public Law 111-148), includes increased efforts to combat health care fraud and abuse, especially fraud in the Medicare and Medicaid programs...

Greatest Impact of 2009 False Claims Act Amendments--"Civil Investigative Demands"

Posted on March 17, 2010
Among the many 2009 changes to strengthen the False Claims Act is one whose impact is about to be experienced: greater use of "civil investigative demands" to gather evidence. Civil investigative demands allow to government to require any person believed to have documents or information relevant to a False Claims Act investigation to do the following: (A) to produce such documentary material for inspection and copying, (B) to answer in writing written interrogatories with respect to such documentary material or information, (C) to give oral testimony concerning such documentary material or information, or (D) to furnish any combination of such material, answers, or testimony...

Bank CEO's Alleged TARP Fraud Results in First Reported Criminal Charges For Misuse of TARP Funds

Posted on March 16, 2010
We have written previously about how the "Troubled Asset Relief Program" (TARP) that began with the financial meltdown in 2008 would undoubtedly beget fraud that may be actionable under the False Claims Act. The qui tam provisions of the False Claims Act, the country's major whistleblower law, allow whistleblowers ("relators") who report fraud or false claims to share in the government's recovery of damages...

Iraq Reconstruction Fraud Continues to Fuel Investigations by Office of the Special Inspector General for Iraq Reconstruction

Posted on March 13, 2010
As if the nation's expenditures to rebuild Iraq were not enough, fraud that steals taxpayer dollars continues to infect the Iraq reconstruction program. This fraud often results in qui tam whistleblower cases under the False Claims Act, which allows those reporting the fraud to receive a a share of the government's recovery of money...

IRS Whistleblower Program and Confidentiality of IRS Investigations of Whistleblower Claims

Posted on March 02, 2010
One of the most interesting and challenging issues in representing IRS whistleblowers is how this promising new IRS Whistleblower Program can co-exist with the limits Congress has imposed on disclosure of taxpayer information--which includes what the IRS does in pursuing claims brought by whistleblowers...

Next IRS Whistleblower Boot Camp Is Planned for April 2010

Posted on February 16, 2010
We have written about the highly successful 2009 IRS Whistleblower Boot Camp in Washington, D.C. The IRS Whistleblower Office gathered with attorneys representing whistleblowers for this conference to discuss in detail many of the issues that arise in representing IRS whistleblowers, persons who report tax fraud or tax noncompliance...

Georgia Psychiatric Hospitals: Justice Department Suit for Immediate Relief to Protect Patients

Posted on January 29, 2010
The Justice Department has just announced that, to protect patients from harm in seven Georgia psychiatric hospitals, its Civil Rights Division has filed for relief including immediate appointment of a monitor to protect those patients. DOJ cited the threat to patients of "imminent and serious threat of harm to their lives, health and safety...

IRS Whistleblower Office Prepares to Make Awards to IRS Whistleblowers Under New Program

Posted on January 26, 2010
Since Congress authorized new awards to IRS whistleblowers in December 2006, we have followed closely the progress of the new IRS Whistleblower Office led by Director Stephen Whitlock. IRS Whistleblower Office Director Stephen Whitlock has just announced that the IRS Whistleblower Office is preparing to make award determinations on whistleblower claims submitted under the "new" rewards program...

Taxation of Qui Tam Whistleblower Awards by IRS Addressed by Tax Court

Posted on January 22, 2010
How does the IRS treat whistleblowers who receive awards under the False Claims Act's "qui tam" provisions, which allow private citizens who expose fraud to share in the government's recovery of money? The Tax Court this week addressed that question...

Health Care Fraud Lawyers Gather to Discuss Amendments to False Claims Act and Other Whistleblower Developments

Posted on December 16, 2009
Attorneys from across the country will gather tomorrow in Atlanta to discuss health care fraud and the 2009 amendments to the False Claims Act, the nation's primary whistleblower statute. I am pleased to be on the panel discussing "False Claims Act Developments," moderated by Jack Boese of Fried Frank...

IRS Whistleblower Rewards to Convicted UBS Whistleblower Birkenfeld? The Rule of Law Will Sort It Out.

Posted on November 28, 2009
In "Protecting Whistleblowers from Criminal Prosecution," we expressed our amazement at how UBS "whistleblower" Brad Birkenfeld got himself prosecuted for a federal felony while attempting to set himself up for rewards through the new IRS Whistleblower Program...

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