Halunen Law Blog

Category: WHISTLEBLOWERS

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What Potential Whistleblowers Need to Know Before Exposing an Employer’s Illegal Conduct

“We’re all familiar with that ubiquitous mantra, “If you see something, say something.” We usually hear that in the context of reporting suspicious or criminal activity in public – an unattended package left in a subway station, a person menacing or threatening others, or similar potential dangers. But when employees discover their employers’ potentially dubious, …

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5 Things to Know About Whistleblower Protections and Remedies Under the Sarbanes-Oxley Act

Over the past century, securities fraud and other fraudulent activities involving publicly traded companies have cost investors – and often taxpayers – trillions of dollars. Such misconduct has also fueled major economic crises, including the 2008 financial crash. That catastrophe led to the passage of the Sarbanes-Oxley Act (“SOX”), a sweeping federal law that focused …

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Physician Whistleblower Protections: What You Need to Know

As a physician, your primary concern is the health and safety of your patients. Sometimes, this means speaking out when you witness violations of healthcare laws or unethical practices. Unfortunately, the act of reporting such violations can sometimes put your job and career in jeopardy. Fortunately, federal and state laws provide protections for physicians who …

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Latest in a Long Line of Wells Fargo Scandals Reinforces the Power and Importance of Whistleblowers

Since 2016, banking and financial services giant Wells Fargo has paid more than $6 billion in fines and restitution for a wide range of fraudulent and illegal activities that affected its customers. In December 2022, Wells Fargo added billions more in penalties to its extraordinary record of misconduct. The Consumer Financial Protection Bureau (CFPB) has …

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New Law Offers Greater Rewards for Whistleblowers Who Expose Money Laundering

Few crimes attract as much scrutiny, enforcement efforts and prosecutions by the federal government as money laundering does. And the very nature of money laundering – concealing the source of ill-gotten funds through myriad financial tricks and transactions – makes it one of the more challenging crimes to uncover. That’s why law enforcement often relies …

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Bribery
Bribery May Be Old School, but Greed Never Goes Out of Style

Whistleblowers who call out bribery of foreign officials can reap significant rewards Never underestimate human creativity when unchecked greed is involved. People who feel unbound by such trifles as ethics, morals, fair play – or the law – will find a way to get what they want. They’ll bend and break the rules in new …

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Bipartisan Bill Would Speed Compensation and Increase Protection For SEC Whistleblowers

The federal government has several whistleblower programs that encourage, protect, and reward individuals for reporting fraudulent or illegal conduct. Few such efforts have been as successful and put more money in whistleblowers’ pockets as has the Securities and Exchange Commission’s (SEC) whistleblower program.  The SEC reports that since the whistleblower program’s inception, it has awarded …

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Why are Pharmaceutical & Medical Kickbacks Prohibited?

The False Claims Act (FCA) is designed to combat and prevent healthcare fraud, including pharmaceutical or medical providers that illegally solicit or accept kickbacks [1]. Persons who become aware of illegal solicitation or acceptance of kickbacks in the healthcare industry can act as a whistleblower on behalf of the government and file an FCA lawsuit. …

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Upcoding and Unbundling are Common Types of Healthcare Fraud

Upcoding and unbundling in healthcare are two forms of improper medical coding. Both fall under the federal government’s definition of healthcare fraud when the government is paying for the care and can be pursued through the False Claims Act. With serious implications that can cause harm to patients, taxpayers, and the American healthcare system as …

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Colorado Legislature Introduces the Colorado False Claims Act (CFCA)

For more than a decade Colorado has had the Colorado Medicaid False Claims Act, making it unlawful for persons to submit false claims to Colorado’s Medicaid programs. However, fraud against the state occurs in many other contexts besides Medicaid (e.g., infrastructure contracting, purchase of goods and services, grant awards).   On January 21, 2022, the State …

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