Category: WHISTLEBLOWERS
A Not-So-Dynamic Vision—The Documents Illuminate the Falsity
It is unusual for any plaintiff or relator to achieve a summary judgment ruling in its favor in any type of case. But in U.S. v. Dynamic Visions Inc., DBA Dynamic Visions Home Health Services, et al., — F.3d —, 2020 WL 4914069 (D.C. Cir. Aug. 21, 2020), the D.C. Circuit affirmed such a ruling …
Continue reading “A Not-So-Dynamic Vision—The Documents Illuminate the Falsity”
Can the Government Direct a Whistleblower to Secretly Record Conversations with a Fraudster Represented by an Attorney?
The public-private partnership envisioned by the qui tam provisions of the False Claims Act (FCA) is one of its most successful and powerful aspects, yielding billions of dollars in recoveries. The FCA permits the Government, the whistleblower, and their attorneys to cooperate—and they often do—when investigating and litigating FCA claims. But are there limits to …
First Circuit Issues Important Decision Clarifying the False Claims Act’s “Original Source” Standard
One of the first and most frequent arguments defendants make in fighting qui tam allegations under the False Claims Act (FCA) is that the case brought by the whistleblower, or “relator,” is not viable because it is based on publicly available information, the relator is not an “original source” of that information, or both. On …
What Happens to an FCA Whistleblower’s Reward If the Government Files Criminal Charges against the Defendant?
As a whistleblower, or “relator,” under the False Claims Act (FCA), you have filed a complaint against a company that defrauded the federal government. The government investigated your allegations and indicted the defendant company on federal criminal charges. At sentencing, the government seeks restitution of the amount it lost due to the defendant company’s fraud. …
Whistleblowers in the Intelligence Community
There are many different statutes that provide protections to whistleblowers, and in some instances, also provide specific procedures to follow. That is the case with the federal whistleblower in the news these days. That whistleblower works in the Intelligence Community, where blowing the whistle may involve classified information. The intelligence community defines whistleblowing as “the …
Continue reading “Whistleblowers in the Intelligence Community”
Celebrating National Whistleblower Appreciation Day
On this National Whistleblower Day, Halunen Law recognizes the tremendous contribution that whistleblowers make to our everyday lives— protecting our health, safety, and taxes. These contributions have been happening since the earliest days of the United States. The Founding Fathers unanimously supported whistleblowers in both words and deeds, including providing government records and monetary assistance …
Continue reading “Celebrating National Whistleblower Appreciation Day”
Disgruntled Employees? You Bet. Whistleblowers in the United States
A few years back, a news article reported that a meeting of corporate defense attorneys had called out whistleblowers as primarily “disgruntled employees.” This remark reflects a too-common perspective that whistleblowers are a nuisance rather than a contributor to the well-being of our businesses and our government. Far from being a nuisance, whistleblowers are champions …
Continue reading “Disgruntled Employees? You Bet. Whistleblowers in the United States”
WHISTLEBLOWERS AT MINNESOTA FOR-PROFIT COLLEGES
It is important that employees are able to report improper or dangerous conditions that they observe in their workplaces. When someone is aware that fraudulent or dangerous practices could negatively impact the public, they are often uniquely positioned to report the problem. Unfortunately, an employee who is aware of a violation of the law may …
Continue reading “WHISTLEBLOWERS AT MINNESOTA FOR-PROFIT COLLEGES”
Whistleblowers Take a Stand – Cheating Legitimate Small Businesses Out of Government Contracts
Much of the work of the federal government is accomplished through contracts with non-governmental entities. For the fiscal year ending September 30, 2015, those contracts added up to more than $500 billion. The Legislature wants a good portion (23%) of those dollars to go to small businesses as a means of strengthening the nations’ economy. …
On National Whistleblower Day . . . Ode to Whistleblowers
Becoming a whistleblower is a process that is not invited or welcome. It confronts individuals with a reality they cannot ignore and calls them to take a stand in a place they would not choose. But for their sense of integrity, whistleblowers would prefer to remain among those who are silent.