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Experienced Mississippi Whistleblower Lawyer Discusses Proposed Law to Enhance Dodd-Frank’s Whistleblower Protections

I was pleased to see that the U.S. House of Representatives recently passed the Whistleblower Protection Reform Act of 2019 by an overwhelming majority, 410-12. This bipartisan bill enhances the Dodd-Frank Act’s whistleblower protections and makes clear that employers in the finance industry cannot retaliate against whistleblowers who report security fraud. This law is a direct reaction the U.S. Supreme Court’s horrible 2018 decision, Digital Realty, Inc. v. Somers, which held that only whistleblowers who reported fraud to the Securities and Exchange Commission or SEC enjoyed anti-retaliation protection, not those who report fraud to any number of other available agencies.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The U.S. House Attempts to Rewind Digital Realty Case

The U.S. Supreme Court’s Digital Realty decision dramatically narrowed how most people imagined a whistleblower. Traditionally, a whistleblower was thought of as someone who made either internal or external reports of securities fraud to the SEC. However, because of the way Dodd-Frank was written, the statute’s retaliation clause and ant-retaliation provision applied only to those whistleblowers that reported fraud externally and only to the SEC. This is a problem because many whistleblowers in the world of finance first make their reports internally and then may make subsequent reports to law enforcement agencies other than the SEC. As written, Dodd-Frank did not extend whistleblower protections to these individuals.

The changes proposed by the Whistleblower Protection Reform Act of 2019 would bring external finance whistleblowers back within Dodd-Frank’s anti-whistleblower clause. In short, if approved by the Senate and signed by President Trump, the Whistleblower Protection Reform Act of 2019 will return finance industry whistleblowers to their pre-Digital Realty position. This is good for everyone, as it incentivizes internal whistleblowing, which allows finance companies to change their practices before an SEC investigation. Whistleblowers will still be entitled to a significant percentage of the fraud they reported, if they report it externally to the SEC within 120 days, and will enjoy whistleblower protection for their disclosures.

As an example of the sort of disclosure at issue here the SEC recently made an award of $4.5 million to a finance industry whistleblower who internally reported a kickback scheme was occurring in relation to his work in Brazil. The SEC’s enforcement action resulted in a $30 million recovery for the U.S. government. Attaining this sort of reward will require the help of a skilled whistleblower attorney.

Are You Considering Making a Whistleblower Claim?

Are you a finance industry employee considering filing a whistleblower case? While the reward for submitting a successful claim can be significant, you will only receive this sort of multi-million dollar award with the help of an experienced whistleblower attorney. The SEC and U.S. Department of Justice receive thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced Mississippi Whistleblower Lawyer Jonathan Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses the Facebook and Cambridge Analytica Case

Facebook has become a ubiquitous presence in American life. However, along with that popularity has come tremendous power and control over Facebook users’ personal information. A recent U.S. Securities and Exchange Commission, or SEC, whistleblower case has resulted in a $100 million penalty for Facebook after a whistleblower exposed Facebook’s decision to provide Cambridge Analytica with a treasure trove of user information, which violated Facebook’s specific policies.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Background

This case stems from a data analytics company called Cambridge Analytica, which harvested Facebook profile information from approximately 30 million people in the U.S. The collected data included, genders, names, birth dates, genders, and “likes,” all of which violated Facebook’s express and internal policies. In turn, Cambridge Analytica used the data to sell to various political organizations.  While Facebook realized that Cambridge Analytica was improperly using Facebook user data, it failed to adequately and clearly acknowledge to investors and users that their data had been compromised.

SEC’s Facebook Penalty Shows the Power of Cybersecurity Whistleblowers

The $100 million SEC settlement with Facebook illuminates several interesting issues. First, it shows that cybersecurity breaches will now be one of the new frontiers of whistleblower law. These cybersecurity whistleblowers have retaliation protection under the Sarbanes-Oxley Act and may be eligible forwards under the SEC’s whistleblower program as well.

Second, this settlement shows that internet companies that promise a certain level of privacy to members or subscribers will be held accountable by the SEC if they breach that promise. This falls under the “half-truth doctrine,” which is a legal doctrine that states that if a company speaks through a formal public filing or informally, such as through a media statement, the half-truth doctrine requires the corporation to include all additional information necessary to make the statement not misleading to consumers. Here, Facebook was blatantly making statements about information privacy to both members and stockholders that were not entirely true.

Third, this settlement highlights the SEC’s requirements that publicly traded companies maintain adequate internal controls. Facebook had policies in place prohibiting the transfer of user’s data to third parties, but these policies were ignored. Once Facebook discovered the breach, it failed to disclose them adequately.

What Should You Do if You are Considering Making a Cybersecurity Whistleblower Claim?

Are you aware of fraud occurring within the internet or cybersecurity industry, and are you considering filing a whistleblower case? While the reward for submitting a successful claim can be significant, you will only receive this sort of award with the help of an experienced whistleblower attorney. In this Facebook case, the whistleblowers are entitled to $15 to $30 million. However, the SEC and U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful cybersecurity whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Whistleblower Lawyer Discusses Airline Industry Whistleblowing

Anyone who has watched the news over the past few months is aware that two Boeing 737 Max planes have recently crashed, killing 346 people. What has not gotten the same amount of press is that whistleblowers had come forward about safety issues with these planes starting in August 2018. At issue with the Boeing planes are their anti-stall systems, which are allegedly flawed. The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21 Act) provides protections for whistleblowers reporting concerns about air safety issues, specifically including protections against retaliation.

Are you considering becoming an airline industry whistleblower? You will need the help of an experienced whistleblower attorney who knows the AIR21 Act’s intricacies to file your complaint in a way that results in it being taken seriously and so that it does not result in retaliation against you. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

 The AIR21 Act

The AIR21 Act prohibits retaliation against an employee of a U.S. air carrier, its contractor, or its subcontractor for raising concerns and making a whistleblower claim regarding any law or regulation related to air carrier safety. The AIR Act protects whistleblowers who provide information regarding any alleged violation of federal air carrier safety laws or FAA orders, regulations, or standards. Specifically, the Air Act protects employees who: Disclose a violation of an airline safety regulation to their employer or a federal government entity; Commence a proceeding related to the breach of an airline safety regulation; Testify, assist, or participate in a process related to the violation of an airline safety regulation.

First, it is essential to remember that the AIR21 Act only protects employees of U.S. air carriers, as foreign carriers are not subject to Federal Aviation Administration rules. Second, the Act protects employees from being disciplined, discharged, harassed, threatened, or discriminated against because of their safety allegations. Third, the employee does not have to provide the factual basis underlying the violation they allege but have to enunciate the violation. That means that it is not the employee’s responsibility to investigate or prove up his or her allegation; instead, it is the airline’s responsibility to investigate the complaint once it is made.

What Sort of Damages Can an Airline Employee Receive Under the AIR21 Act?

If you are an employee or contractor for a U.S. air carrier and are retaliated against because of a whistleblower complaint, you are due a wide range of possible compensation, such as all back pay, pay for emotional trauma, compensation for harm done to your reputation, reinstatement in your prior position or an equal amount of pay, and compensation for lost future earnings.

What Should You Do if You are Considering Making a Whistleblower Claim?

As the Boeing 737 Max accidents have shown, there are grave consequences to ignoring complaints from experts within the airline industry. Are you a pilot, executive, or other airline professional considering filing a whistleblower case regarding violations of FAA rules and regulations? You have a right to file your complaint without fear of retribution or retaliation. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Our seasoned Mississippi Whistleblower Lawyer can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Davis-Bacon Act Qui Tam Cases

If you have performed hourly work for the federal government or work for a company that does construction or related activities, you have likely heard of “Davis-Bacon” wages.  The term “Davis-Bacon” comes from the federal Davis-Bacon Act, which ensures that private companies working for the federal government do not attain lucrative government contracts by lowering employees’ wages.  Instead, Davis-Bacon mandates that government contractors must pay their employees “local prevailing wages.”  This prevents contractors from pushing wages lower and lower in a community as they compete for government bids. If a contractor intentionally ignores or flouts the Davis-Bacon statute, it can be prosecuted under the False Claims Act; I will describe what this sort of complaint would look like below.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The Davis-Bacon Act and Qui Tam Whistleblower Cases

There are two different aspects of the Davis-Bacon Act that are at issue in whistleblower cases.  One is for construction contracts, and the other is for service contracts.  For construction contracts, all government contractors and subcontractors must pay employees the “locally prevailing wages and fringe benefits” for similar work.  For service contracts, contractors and subcontractors must pay “wage rates and fringe benefits prevailing in the locality.”  Generally speaking, contractors and subcontractors on government contracts must promise to pay employees whatever a similar employee would make in the community.

Fraud occurs under the Davis-Bacon Act when a contractor submits invoices to the federal government indicating that he or she has paid Davis-Bacon Act compliant wages to his or her employees, but then actually pays the employees less than he states.  This is an attractive scam to employers, as they keep the difference between the claimed rate of pay and the amount they actually pay.  While you may think that employees would immediately notice the difference, that is not always in the case.  That is because the employer may still be paying the employees an adequate pay rate, resulting in suspicion not being aroused. Additionally, employees rarely have access to or a sufficient understanding of government contracts to be aware that they are being paid less than is due them.

Davis-Bacon Act fraud cases are often discovered by contractors’ administrative personnel, such as secretaries, comptrollers, and accountants.  These office workers have access to information that demonstrates the gap between what the contractor claimed to be paying employees and what he or she is actually paying them.  That gap is a fraud against the federal government and is ripe for a whistleblower case brought under the False Claims Act.

The Davis-Bacon Act applies to all contracts with the federal government over $2500, but these construction and service contracts are often in the millions and even billions of dollar range.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? If you are an employee of a federal contractor that is claiming to pay Davis-Bacon wages and is in actuality not, you are aware of fraud against the federal government.  The reward for submitting a successful claim can be 15% to 30% of any recovery, which often ranges into the millions million dollars for government construction contracts.  You will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call our Mississippi Whistleblower Lawyer today!

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Experienced Mississippi Whistleblower Lawyer Discusses Medicare False Claims Act Cases

If you want to look for fraud, remember the adage, “follow the money.”  If you follow the money in the United States and Mississippi, it will lead you to the health care industry.  Federal programs like Medicare fund much of our current health care system, so any fraud occurring within that industry is a fraud against the federal government. The False Claims Act, signed into law by Abraham Lincoln to prevent fraud against the Union during the Civil War, is a federal law that allows those who report fraud against the federal government to become a “whistleblower” and collect 15% to 30% of whatever funds the government recovers as a result of the resulting prosecution.

If you are aware of fraud relating to the health field or Medicare specifically, you will need the help of an experienced whistleblower attorney to help you draft your complaint and file it with the U.S. Department of Justice.  They only prosecute the strongest whistleblower cases under the False Claims Act and other federal whistleblower laws. In this blog post, I will cover common aspects of False Claims Act Medicare cases.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Common Types of Medicare Fraud

Medicare fraud has exploded in frequency over the past decades.  The most common types of fraud fall into the following categories:

False Billing—in this scam, the medical provider bills Medicare for services that were not provided.  This can be difficult to detect as if the patient is not paying for the service, he or she is unlikely to notice or raise the alarm about one more charge on their bill. These phantom charges add up when the practice is repeated over thousands of patients, costing the federal government millions of dollars each year.

Providing Unnecessary Services—in this scam, the medical provider does provide treatment to the patient, but the procedure is not necessary.  Here, the patient believes that the additional test or treatment is required for their condition, and Medicare pays the bill thinking that the treatment was a bona fide necessity.

Upcoding—in this scam, the medical provider provides a necessary service but charges Medicare for a more expensive version of the treatment than is required by the patient’s needs.

Unnecessary Prescriptions—in this scam, the medical provider prescribes unneeded medications to the patient.  While the medications may not have an adverse effect, the medical provider is reimbursed for them.

You may be aware of this conduct as a medical provider, an employee of a medical provider, or patient. Regardless of your relationship to this conduct, you can become a whistleblower and receive a reward for notifying the federal government of the fraud.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you aware of the sort of fraudulent conduct described above? Are you considering filing a Medicare-related whistleblower case? The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call our Mississippi Whistleblower Lawyer now!

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Aspects of a Strong False Claims Act Claim

As I have explained in other posts, the information that a whistleblower provides regarded alleged fraud must be written compellingly.  The U.S. Department of Justice receives thousands of complaints each year and only prosecutes the most substantial whistleblower cases under the False Claims Act and other federal whistleblower laws. Given the vast number of complaints, they often discard claims that are drafted poorly, fail to contain important information, or are unclear. Many potential whistleblowers here in Mississippi ask me what needs to go into a successful complaint. Because this question comes up so often, I have written the following blog post as an overview.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about drafting a complaint, gathering evidence, and maintaining your professional position while the case progresses. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Essential Elements to Consider When You File a Successful Whistleblower Claim

First, you need to be sure that the conduct you are reporting to the federal government is, in fact, fraud.  The following acts are common types of fraud committed against the federal government: Filing bills for work that was not performed; Submitting bills for work that was performed, but performed below contractual standards; Paying kickbacks to government officials in order to attain federal contracts; Engaging in a conspiracy to defraud the federal government of funds. Merely making an allegation of this sort of fraud is rarely sufficient. Instead, with the help of a whistleblower attorney, you will have to gather and present evidence of the fraud in question, such as emails, texts, receipts, and internal memoranda.  All of this can be a fraught process, as you do not want to notify your employer or colleagues that you are considering alerting federal authorities regarding your fraud.

Second, you must be the “first to file.”  If you are aware of widespread fraud, others likely are as well.  If they report the fraud before you do, you will receive no reward. As a result, you and your whistleblower attorney must engage in a careful balancing of considerations.  On the one hand, you want to gather sufficient evidence to prove to the U.S. Department of Justice that fraud is occurring. On the other hand, if your efforts to present a perfect case result in someone else reporting the fraud before you, you will receive nothing.  Accordingly, knowing when to file is a tricky analysis requiring a skilled whistleblower attorney’s assistance.

Third, you need to be sure that what you are reporting is, in fact, fraud and not just bad management or waste. Potential whistleblowers often misidentify internal disputes or poorly run operations as fraud. While these companies might not be run well, their activities will not trigger the U.S. Department of Justice’s interest.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? As I indicated, the reward for submitting a successful claim can be significant, but you will only receive this sort of award with the help of an experienced whistleblower attorney. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call our seasoned Mississippi Whistleblower Lawyer today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses a Unique Whistleblower Case

This past May, the U.S. Department of Justice awarded $4.5 million to a whistleblower under the Securities and Exchange Commission’s whistleblower program. While that is a significant whistleblower reward, the large payout isn’t what makes this case unique. This is actually a “feelgood” whistleblower story, where the whistleblower filed his case with the SEC and told his company about the ongoing fraud.  The company performed an internal investigation that confirmed that the whistleblower’s claims were accurate, leading the company to self-report the misconduct. Thus, the whistleblower still received his compensation even though the company did the right thing and also self-reported the fraud. While this case worked out well for the whistleblower, I will highlight some potential pitfalls to this strategy below.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions and prepare your case.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Timing and Dual Reporting Are Critical to Receiving the Reward You Deserve

In this case, the whistleblower both reported wrongdoing internally to his company and reported the same conduct to the SEC within 120 days.  As I mentioned above, the company then performed an internal investigation that resulted in the validation of the whistleblower’s report and the company’s decision to self-report its findings to the SEC. All of those facts are critical, as the SEC’s whistleblower provision mandates that a whistleblower can be compensated if his or her time is made internally and to the SEC within 120 days.  If a whistleblower dual reports and the internal report to the company results in a self-report, then the whistleblower will receive a reward ranging from 15% to 30% of all money recovered. As I have discussed in earlier blog posts, that reward frequently falls in the million dollar range.

As I mentioned, it is critical that the whistleblower both notified his company and the SEC of the fraud.  You may remember an earlier blog post I wrote about the U.S. Supreme Court’s decision in Digital Realty Trust, Inc. v. Somers, which held that a person who only reports fraud internally could not avail themselves of the SEC whistleblower program’s anti-retaliation provisions.  That means that if a whistleblower only reports internally, they do not have legal recourse if the company retaliates against them for reporting fraud. Shockingly, this is true even if the company self-reports the fraud to the SEC.  Similarly, it is vital that the whistleblower make his or her report to the SEC within 120 days of making an internal report.  If the report is made later, the whistleblower is not eligible to receive compensation under the SEC’s whistleblower program.

What Should You Do if You are Considering Making a Whistleblower Claim?

The narrative I provided above demonstrates just some of the complexities of making a report of ongoing fraud to the SEC. The U.S. Department of Justice and the SEC receive thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Even if you have a strong allegation, if your case is disorganized or is missing important elements, it will likely be ignored. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.  Our Mississippi Whistleblower Lawyer looks forward to making a difference for you.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Unusual Lawsuit Against a Whistleblower

I came across this unusual whistleblower case recently and thought I would write a blog post about it. In brief, a whistleblower filed a False Claims Act whistleblower claim against his employer hospital, alleging that the hospital was paying illegal kickbacks. In response, his employer filed a lawsuit against the whistleblower for failing to live up to his fiduciary duty to the company and alleging that his whistleblower claim was frivolous. I am writing about this case because the employer’s lawsuit is extraordinarily troubling and seems aimed at chilling any reports of fraud, including legitimate ones.

Have you witnessed fraud or kickback concerning a government contract? Are you considering becoming a whistleblower? You will need the help of an experienced Mississippi whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The False Claims Act and Medical Providers

You will likely remember from my earlier blog posts that the False Claims Act prohibits paying kickbacks or bribes in exchange for government contracts.  In this case, Wheeling Hospital, Inc. v. Louis Longo (N.D. W. Va. 2019), the whistleblower, Mr. Longo, claimed that his employer was paying inflated payments to physicians in exchange for referrals to the hospital. This sort of behavior falls under the False Claims Act because a significant percentage of medical payments are made through the federal Medicare and Medicaid programs. The U.S. Department of Justice brought a False Claims Act case against Wheeling Hospital based on Mr. Longo’s complaint.

Wheeling Hospital recently sued Mr. Longo, claiming that he breached a fiduciary duty to Wheeling by not first reporting any fraud internally. A fiduciary duty is a legal duty to protect the company’s shareholders financially. The company had a policy mandating that employees report fraud internally. It is important to note that Wheeling had already fired him at the time he filed his complaint, however. Moreover, Wheeling’s lawsuit claims that Longo’s suit is really just an attempt to extort money from the hospital.

This case reminds me of SLAPP suits that were popular in the ’80s and ’90s.  SLAPP stands for strategic lawsuit against public participation.  In these cases, companies would sue individuals for defamation and other torts when the individual made the public aware that the company was engaged in some sort of wrongdoing.  Ultimately, the First Amendment protected the reporting individual, but the point of the SLAPP suit was to have a chilling effect on corporate criticism, and it often worked. Here, it seems that Wheeling is making a similar claim. I will be watching this case out of West Virginia closely to see what a court ultimately decides, as the decision may be far-reaching.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you aware of kickbacks or other fraud occurring in the medical field? The reward for submitting a successful False Claims Act whistleblower claim can be significant, but you will only receive this sort of award with the help of an experienced whistleblower attorney. Too many people try to report fraud in an effort to become a whistleblower and only up ruining their careers without any reward. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today. Our Mississippi Whistleblower Lawyer looks forward to making a difference for you.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Third Party Liability in False Claims Act Cases

Many people erroneously believe that only those actively involved in fraud against the U.S. government can be prosecuted under the False Claims Act.  In fact, you can be implicated in a fraud case if you participate, even passively, in any element of the fraud. I will explore this issue in greater detail below, but want to highlight the fact that this creates opportunities for those of you here in Mississippi that are interested in becoming a whistleblower. You do not have to work for the company that is actively committing fraud against the federal government to become a whistleblower; instead, you can work for a secondary contractor that provides some service to the primary company that is engaging in fraud.  For example, if you are an accountant that audits a construction company that is providing sub-standard services on a government contract, you can claim whistleblower status and report the construction company’s actions.  Inversely, you can be implicated in the fraud if you work to cover it up.

Are you considering becoming a whistleblower? If you are aware of fraud occurring in relation to a government contract, you should do the right thing and report it. You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Third Party Liability Under the False Claims Act

In several recent cases, the U.S. Department of Justice has shown that it is interested in prosecuting those that help companies that are doing business with the federal government engage in fraud.  The fraud can be supplying sub-standard products, price inflation, kickbacks, or any other act where the federal government does not get what it pays for.  The Department of Justice will not only prosecute the companies committing fraud, but also tech companies that handle the IT underlying the transaction, accountants and attorneys that give advice regarding the fraudulent activity, and financial institutions that underwrite the activities.

In United States ex rel. Goodman v. Arriva Medical LLC, the Department of Justice is prosecuting

Arriva Medical, a diabetes testing company for paying illegal kickbacks to those that referred business to them. It is interesting to note, however, that the third party consultant who provided advice to Arriva regarding testing reimbursement is also being prosecuted. Similarly, the Department of Justice is prosecuting several private equity firms for providing strategic guidance to other medical providers who were engaged in kickback schemes.

Most notably, Deloitte and Touche, one of the world’s leading accounting firms, recently paid a $150 million settlement to the Department of Justice related to the advice the firm provided to mortgage lenders in the leadup to the subprime mortgage crisis.

What Should You Do if You are Considering Making a Whistleblower Claim?

Many people believe that only those working for a company that is committing fraud can become a whistleblower concerning that fraud.  But as the above post makes clear, if you are a third party observer of fraud against the U.S. government—an attorney, vendor, accountant, contractor, financial advisor, auditor—you can file a whistleblower case too.  You will need to speak to an attorney with significant experience in this area of the law if you are interested in becoming a whistleblower. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.  Our Mississippi Whistleblower Lawyer looks forward to making a difference for you.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Important U.S. Supreme Court Case

I wanted to bring a recent U.S. Supreme Court decision to your attention.  Anyone concerned with whistleblower law or the False Claims Act or really any other area of law should take note of the U.S. Supreme Court’s 5 to 4 decision in Franchise Tax Board of California v. Hyatt.  The case’s facts are unlikely to be of interest to most people and deal with the question of whether a private party can sue a state in another state’s court.  While that question may be of interest to attorneys and legal scholars, the way the Court answered that question should be of interest to anyone dealing with legal issues. The Hyatt case is critical because the Court’s answer to that question—no, a state cannot be sued by a private party in another state’s courts—overturns another U.S. Supreme Court decision, Nevada v. Hall, from 1979. This somewhat obscure case has received quite a bit of attention because liberals view it as laying the groundwork for an attempted reversal of Roe v. Wade, but it could have broad effects beyond that abortion decision to all U.S. Supreme Court cases.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Stare Decisis

Typically, the doctrine of stare decisis dictates that courts follow their own rulings and rulings of higher courts on similar issues.  Stare decisis literally means “stand by things decided.”  Stare decisis creates a precedent, which allows attorneys to guide clients through a decision by looking at similar cases that a court decided.  When a court chooses not to follow stare decisis, it creates tremendous uncertainty, as parties are no longer able to reasonably determine what a court will do given similar facts and law cases it has previously decided. This is particularly unusual behavior for the U.S. Supreme Court, which has only overturned its own rulings 140 times in over two hundred years of cases. Writing for the majority, Justice Clarence Thomas wrote that “stare decisis does not compel continued adherence to this erroneous precedent.” In essence, if a court finds that a previous ruling was wrong, it can overturn the decision.

In his dissent, Justice Breyer summed up the situation well.  He wrote, “to overrule a sound decision like Hall is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the court will overrule and which cases are here to stay.” The ripple effect of the Hyatt decision will likely be that other courts will find themselves less bound to stare decisis, and more attorneys will be encouraged to try to change established case law.

This leaves litigants in other cases less sure of their positions, a situation that will likely lead to more settlements. I say this because when a court’s position on an issue becomes less certain, or when a litigant becomes less willing to make a bad precedent for himself or his injury, the surety of settlement becomes more attractive.

What Should You Do if You are Considering Making a Whistleblower Claim?

It’s unclear how Hyatt will affect whistleblower cases.  The False Claims Act is a Civil War-era law, yet it has received significant criticism from conservatives, including current U.S. Attorney General William Barr.  If you are considering filing a False Claims Act case, you will need to speak to an attorney with significant experience in this area of the law. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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