There has been a lot of speculation this past year about whether the DOJ and SEC would continue their robust enforcement of the FCPA under the Trump administration given his previous public comments. In the past, Trump has said that “this country is absolutely crazy” to prosecute alleged FCPA violations because, according to Trump, the […]
Over the past decade major car safety scandals dealing with issues such as faulty ignitions, unintended acceleration and defective airbags have caused hundreds of unnecessary deaths and many more injuries. In response to the public’s outrage, Congress passed the Motor Vehicle Safety Whistleblower Program. The Senate report for the program can be viewed here. This […]
Today, the Supreme Court announced they will decide a case that determines whether a whistleblower who reports securities laws violations internally and is fired is entitled to anti-retaliation protections under Dodd-Frank. The case is Digital Realty Trust, Inc. v. Paul Somers. The company in this case argues that a whistleblower needs to report wrongdoing to […]
We’re excited to announce that BT Pharmacy Consulting is hosting a virtual online conference for independent pharmacists. The virtual conference, which will go live on September 15-19th, will provide advice and tips for independent pharmacy owners and consultants on issues important to them, such as marking, quality control, billing challenges and more. I participated in […]
[This article originally appeared on CafePharma in June 2017, written by Joseph Gentile.] Given the career risk many people take when they decide to blow the whistle, a natural question is how much money you can potentially receive if your information and efforts lead to a successful prosecution? The answer is, a lot. For example, […]
[This article originally appeared on CafePharma in July 2016, written by Joseph Gentile.] The pharmaceutical industry is one of the world’s most innovative and socially beneficial industries. Every day, pharmaceutical companies and their employees literally save lives. This puts the industry in a tremendous position of trust and power. Unfortunately, this trust is sometimes abused. […]
Risk Adjustment fraud is a major problem estimated to cost Medicare billions of dollars per year. Here is how it works. Medicare pays Medicare Advantage plans a “capitated” rate per insured. That is, they pay a flat rate per covered person per month. However, to compensate plans for the fact that some insureds are at […]
Last week the DOJ intervened in a case alleging that federally funded housing developments in Los Angeles were falsely certifying compliance with federal accessibility laws in connection with claims submitted to HUD for millions of dollars in housing grants. According to the DOJ: [T]hese laws require that five percent of all units in certain federally-assisted […]
I love the New York State False Claims Act. One of the reasons is that the statute explicitly allows Qui Tam claims for tax violations. Combine this with an excellent and aggressive AG’s office and it’s a big win for the state and the whistleblower. I predict that NY state coffers will benefit tremendously in the years to come from this law. I hope it becomes a model for the rest of the country.
A perfect example of the statute’s strength became public this week, right in time for tax day.
How easy is life when we give ourselves no power? Regardless of how bad a situation is, if you have no power there is nothing to do. No decisions to make. You can’t affect the outcome in any way so why bother doing anything? Keep your head down and make no waves.
The problem with this is it is based on an illusion. The illusion that the “powerful” always win and that the little guy has no recourse. The law gives us the power to take on the richest corporations.