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Hospital System Agrees To Pay $85 Million To Resolve Alleged False Claims Act Violations

Continuing a trend we reported in January 2014, the U.S. Department of Justice announced another multi-million dollar settlement of alleged False Claims Act (“FCA”) violations.  In this case, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) agreed to pay $85 million to resolve allegations that they violated the False Claims Act by submitting … Continue reading Hospital System Agrees To Pay $85 Million To Resolve Alleged False Claims Act Violations
March 14, 2014

SUPREME COURT EXPANDS SARBANES OXLEY WHISTLEBLOWER LAW

In Lawson v. FMR, LLC, decided March 4, 2014, the Supreme Court has now opened the door to  whistleblower claims under the Sarbanes-Oxley Act of 2002 (SOX) that have no connection with the Enron-style financial reporting fraud that was the stated target of that statute. Employers that are not publicly traded companies – even the … Continue reading SUPREME COURT EXPANDS SARBANES OXLEY WHISTLEBLOWER LAW
March 5, 2014

5th Circuit Skirts Extraterritoriality Issue Under SOX

The U.S. Court of Appeals for the Fifth Circuit in Villanueva v. Core Laboratories, NV recently held that an individual employed by a foreign subsidiary of a publicly traded company did not engage in protected activity under the Sarbanes-Oxley Act because his complaints focused on violations of Colombian law, not violations of any of the … Continue reading 5th Circuit Skirts Extraterritoriality Issue Under SOX
February 20, 2014

Stealing Confidential Documents Not Excused under New Jersey Law, Regardless of Purpose

Upholding a criminal indictment of theft and official misconduct against a former Board of Education clerk, a New Jersey appeals court has warned potential whistleblowers that individuals pursuing anti-discrimination actions against employers must act within the law. In State of New Jersey v. Saavedra, 2013 N.J. Super LEXIS 185, (December 24, 2013), a Board of … Continue reading Stealing Confidential Documents Not Excused under New Jersey Law, Regardless of Purpose
January 13, 2014

Judge Upholds Border Search of Laptop against Constitutional Challenge

Warning that “it would be foolish, if not irresponsible, for plaintiffs to store truly private or confidential information on electronic devices that are carried and used overseas,” District Court Judge Edward R. Korman dismissed a challenge to Department of Homeland Security policies allowing searches of electronic devices without reasonable suspicion at the border.  Abidor v. … Continue reading Judge Upholds Border Search of Laptop against Constitutional Challenge
January 13, 2014

Florida Hospice Provider Pays $3 Million to Resolve Alleged False Claims Act Violations

Hospice of the Comforter, Inc. (HOTCI) agreed to pay $3 million to resolve allegations that it violated the False Claims Act (FCA) by submitting false claims to the Medicare program for hospice services provided to patients who were not eligible for the Medicare hospice benefit.  HOTCI did not admit any liability in the settlement.  The … Continue reading Florida Hospice Provider Pays $3 Million to Resolve Alleged False Claims Act Violations
January 2, 2014

$237 Million Judgment Against Health Care System for Stark Law and False Claims Act Violations

A federal court ordered Tuomey Healthcare System to pay $237,454,195 after a jury found that it had violated the Stark Law (restricting physician referrals and payments) and the False Claims Act (FCA) when it submitted 21,730 false claims involving physicians with whom it had financial relationships that violated the Stark Law.  United States ex rel. … Continue reading $237 Million Judgment Against Health Care System for Stark Law and False Claims Act Violations
January 2, 2014

Court Denies Motions To Dismiss Obstruction Charges Against Former BP Engineer

A recent ruling coming from the Eastern District of Louisiana underscores the importance of document retention and the potential consequences of destroying evidence during a government investigation. Recently, US District Judge Stanwod R. Duval of the Eastern District of Louisiana issued a ruling allowing to stand a criminal indictment against a BP employee stemming from … Continue reading Court Denies Motions To Dismiss Obstruction Charges Against Former BP Engineer
October 30, 2013

SEC Whistleblower Awarded Record $14 Million

On October 1, the Securities and Exchange Commission (SEC) announced that an unidentified whistleblower, “who voluntarily provided original information” to the SEC “that led to the successful enforcement” action against an undisclosed company, has been awarded a record $14 million.  According to the SEC, the award “recognizes the significance of the information that the Claimant … Continue reading SEC Whistleblower Awarded Record $14 Million
October 15, 2013

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