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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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IRS "Voluntary Disclosure" Program Inundated by More Than 14,000 Taxpayers

Posted on November 17, 2009
We have followed with great interest the IRS Voluntary Disclosure Program, especially after the UBS settlement created fear of discovery in many U.S. taxpayers with offshore accounts. IRS Commissioner Doug Shulman announced that the IRS Voluntary Disclosure Program was flooded with submissions by more than 14,000 taxpayers, according to the Wall Street Journal...


New SEC Whistleblower Rewards and Whistleblower Protections Approved by House Committee--But Improvements Are Needed

Posted on November 09, 2009
Since the Madoff and Stanford schemes proved ruinous to so many investors, many have asked why the SEC has no meaningful "whistleblower" program to expose wrongdoing, a topic we have written about previously. Perhaps Harry Markopolis' voice is finally being heard, albeit faintly...


New ??Health Care Fraud Enforcement Act of 2009?? Includes Health Care Whistleblower Provisions Aimed at Kickbacks

Posted on October 30, 2009
The battle against those who steal taxpayer dollars through Medicare fraud and other health care fraud took a step forward this week. The Senate is now considering the "Health Care Fraud Enforcement Act," which will enhance the government's tools used to investigate and remedy Medicare and Medicaid fraud...


Health Care Fraud Strike Force Targets Medicare and Medicaid Fraud

Posted on October 25, 2009
With the nation's health care costs growing, a DOJ and HHS initiative to combat health care fraud continues to show progress. Building on past enforcement efforts, in May 2009 the government announced its Health Care Fraud Prevention and Enforcement Action Team (HEAT), as part of what is now a Cabinet-level battle against Medicare fraud...


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New False Claims Act Amendments Strengthen Enforcement of Health Care Fraud and Procurement Fraud Laws

Posted on October 25, 2009
Defrauding the government of taxpayer dollars has gotten tougher over the past five months. Important changes to the nation's primary anti-fraud statute, the False Claims Act, took effect on May 20, 2009, when the Fraud Enforcement and Recovery Act of 2009 became law...


Part 2: IRS Whistleblower Program Report by Treasury Inspector General for Tax Administration (TIGTA)

Posted on October 08, 2009
We wrote yesterday about the just-released report on the new IRS Whistleblower Program by the Treasury Inspector General for Tax Administration (TIGTA). The "rest of the story" should be told. Some history is essential to evaluate how far the handling of whistleblower (or "informant") claims has progressed since the newly created IRS Whistleblower Office was formed in early 2007, and what is still needed...


IRS Whistleblower Program: Inspector General Urges Whistleblower Protection from Retaliation and Administrative Changes

Posted on October 08, 2009
Today the Treasury Inspector General for Tax Administration ("TIGTA") released a Report on the IRS Whistleblower Program that urges Congress to protect IRS whistleblowers from retaliation by employers, and recommends various administrative changes to the Program...


IRS Whistleblower Office Issues Latest Annual Report to Congress

Posted on September 28, 2009
The IRS Whistleblower Office has released its Annual Report to Congress, for the fiscal year ended September 30, 2008. Some highlights are below: First, the IRS Whistleblower Program has experienced explosive growth since Congress authorized these new IRS Whistleblower rewards in December 2006...


Health Care Fraud Lawyers to Analyze Recent Amendments to False Claims Act

Posted on September 26, 2009
At the "Advanced Health Law" seminar on October 9, attorneys prosecuting and defending cases of alleged health care fraud will discuss the important new amendments to the False Claims Act. I am honored to be the panelist who will discuss these important new provisions from the perspective of representing whistleblowers (known as "relators") who bring qui tam whistleblower cases under the False Claims Act...


Federal Contractor Fraud Laws To Get Tougher? ACORN Controversy Casts Spotlight on Larger Contractors That Violate False Claims Act

Posted on September 25, 2009
Outrage over misuse of public funds is a healthy reaction to those who cheat taxpayers. It can also create interesting bedfellows, as newly-introduced legislation in the House demonstrates. HR 3571, aimed at "de-funding ACORN," would ban federal contracts and most federal funds to any organization that "has filed a fraudulent form with any Federal or State regulatory agency," among other things...


Calls Continue for a "False Claims Act" for Wall Street Whistleblowers

Posted on September 20, 2009
Since the Madoff and Stanford scandals, we have written about the calls for the Securities and Exchange Commission (SEC) to establish a meaningful whistleblower rewards program. Currently, no adequate incentives exist for whistleblowers to speak up when they might have a chance to stop large scale fraud and prevent the next Madoff or Stanford debacle...


New IRS Group to Address Offshore Accounts and Other International Tax Abuses by Wealthy Taxpayers

Posted on September 04, 2009
Offshore tax abuses and tax evasion have kept the IRS quite busy of late. The fast-approaching September 23 deadline for its "voluntary disclosure program," and its agreement with UBS that will allow it to identify thousands of American taxpayers with offshore accounts, have added momentum to its efforts to combat offshore tax abuses by high net worth taxpayers...


Protecting Whistleblowers from Criminal Prosecution: The Mystery of the UBS Whistleblower's Prison Sentence

Posted on September 03, 2009
In one of two prominent whistleblower cases in the news this week, whistleblower John Kopchinski will be awarded more than $50 million for his role in exposing improper "off-label marketing" of the drug Bextra by Pfizer. Other whistleblowers also will be rewarded because of this settlement...


Latest State "False Claims Act" Is Enacted in North Carolina

Posted on September 02, 2009
We have followed closely the trend of states enacting their own versions of the nation's chief whistleblower law the False Claims Act. North Carolina has become the newest state to enact its own False Claims Act, which is reprinted below. We congratulate the State of North Carolina on a momentous accomplishment.


UBS and IRS Voluntary Discloure Program: Interesting Convergence for IRS Whistleblower Program

Posted on August 30, 2009
Offshore tax abuses have been an IRS priority for some time, but the impending September 23, 2009 deadline for the IRS "Voluntary Disclosure" program--combined with the recent announcement that UBS has agreed with the IRS to release 4,450 names of U.S...


Court Agrees with IRS That Hospital CEO Is Personally Liable for Unpaid Payroll Taxes

Posted on August 09, 2009
Health care cases that our lawyers see most often involve whistleblowers who know of violations of the False Claims Act. While we also pursue many IRS violations under the IRS Whistleblower Program, the health care industry is not the source of most of those claims...


The "Program Fraud Civil Remedies Act"--A "Mini-False Claims Act"

Posted on August 09, 2009
For a "webinar" on August 11, 2009, I have been asked to discuss not only potential liability under the False Claims Act for false or fraudulent claims to the federal government, but also what has been called the "Mini-False Claims Act": the "Program Fraud Civil Remedies Act," 31 U...


Can IRS Whistleblower Program Recover Enough to Pay for Much of Health Care Overhaul?

Posted on July 24, 2009
How to pay for health care in the United States, as costs inexorably grow? The IRS Whistleblower Program may help by narrowing the "tax gap"--the difference between taxes owed and taxes paid each year. Treasury's latest estimate is that $345 billion owed remains uncollected from those who engage in tax fraud, tax evasion, and other tax noncompliance...


Whistleblower Attorneys Discuss False Claims Act Amendments & "The Most Pressing Issues in Representing Whistleblowers"

Posted on July 12, 2009
At the 20th Annual Convention of NELA, the National Employment Lawyers Association, I recently had the pleasure of moderating a panel discussion of some of the country's top "whistleblower" lawyers. The topic was "The Most Pressing Issues in Representing Whistleblowers...


New SEC Whistleblower Program & Hedge Fund Investor Protections On Way, to Supplement IRS Whistleblower Program? Congress & SEC Consider Changes After Madoff, Stanford Schemes

Posted on July 03, 2009
Could a meaningful SEC "whistleblower" program prevent the next Madoff or Stanford debacle? The SEC and legislators are now seriously considering that question. That Madoff managed to defraud investors for so long proves that the current system is inadequate...


SEC "Bounties" for Whistleblowers--The Statute

Posted on July 03, 2009
The statute authorizing the SEC in insider trading cases to pay whistleblowers "bounties" of up to 10% of civil penalties is below. (See our separate post discussing why the SEC needs a new, meaningful whistleblower program to help stop the next Madoff scheme...


False Claims Act Amendments Become Law Today, and Justice Department Expands Health Care Fraud Task Force

Posted on May 20, 2009
Today was a beautiful day if you believe in integrity in how taxpayer funds are treated. President Obama signed into law today the Fraud Enforcement and Recovery Act of 2009, which makes important amendments to the country's most important tool for fighting fraud, the False Claims Act...


Interview with IRS Whistleblower Office Director Steve Whitlock on "Best Practices in Pursuing IRS Whistleblower Claims" Is Released

Posted on May 15, 2009
Last Fall, and again in March 2009, whistleblower lawyer blog co-author Michael A. Sullivan had the pleasure of sitting down with IRS Whistleblower Office Director Steve Whitlock, for an in-depth interview on the "best practices" for lawyers in pursuing IRS Whistleblower claims for their whistleblower clients...


Major Whistleblower Law Development--False Claims Act Amendments Pass House of Representatives, As Part of the "Fraud Enforcement and Recovery Act of 2009"

Posted on May 06, 2009
Today is an historic day--the House of Representatives has passed the Fraud Enforcement and Recovery Act of 2009 by a vote of 367-59. The Act includes long-needed amendments to the nation's primary anti-fraud law, the False Claims Act, about which we have written often...


Fraud Against TARP Funds A Real Threat, Warns Special Inspector General for TARP

Posted on April 23, 2009
We have written previously how the "bailout" measures such as TARP--the Troubled Assets Relief Program--and other "stimulus" measures must have effective oversight,disclosure, and anti-fraud provisions to protect those funds from those who look to commit fraud...


False Claims Act Amendments Gain Momentum In Bill to Combat Financial Fraud

Posted on April 21, 2009
New legislation to combat financial institution fraud, securities fraud, mortgage fraud, and other fraud and abuse is gaining momentum, and brings closer long-needed amendments to restore to its intended strength the nation's major "whistleblower" law, the False Claims Act...


Tax Evasion Using Offshore Accounts Establishes Fraud, As IRS Prevails Against Statute of Limitations Argument

Posted on April 17, 2009
A frequent question in our IRS Whistleblower cases is how the IRS Whistleblower claim is affected by the statute of limitations. In long-running violations of the tax laws, that question can determine how much of past tax liability the IRS may be able to recover...


Tax Evasion Using Offshore Accounts Establishes Fraud, As IRS Prevails Against Statute of Limitations Argument

Posted on April 17, 2009
A frequent question in our IRS Whistleblower cases is how IRS Whistleblower claims are affected by the statute of limitations. In long-running violations of the tax laws, that question can determine how much of past tax liability the IRS may be able to recover...


IRS Announces New List of "Dirty Dozen" Tax Scams

Posted on April 13, 2009
In our March 7, 2009 "IRS Whistleblower Boot Camp," IRS Whistleblower Office Director Steve Whitlock mentioned that the IRS's priorities include the "Dirty Dozen"--a list of tax scams that is updated yearly. The IRS has just issued its 2009 "Dirty Dozen" list, which should be of interest to potential IRS whistleblowers...


Major False Claims Act Victory for Whistleblowers in Iraq Fraud Case: Fourth Circuit Reverses Custer Battles Decision

Posted on April 10, 2009
In a major victory today for whistleblowers reporting fraud in the Iraq reconstruction effort, the Fourth Circuit Court of Appeals reversed a trial court's decision that took away a jury verdict from the whistleblower or relator in this qui tam case under the False Claims Act...


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