Articles Posted in Whistleblower

Stark’s Law is not to be taken lightly and some of the country’s largest health service providers have been hit hard by not adhering to its guidelines. While some of these providers try to enrich themselves illegally — often at the taxpayers expense — there are many honest and brave citizens who are not scared to blow the whistle on them. These whistleblowers are unsung heroes, and they play a critical part in stifling corporate greed, especially in the medical field. Here are four Stark Law cases that resulted in some serious fines for the offenders.

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Halifax Hospital Medical Center: $85 million

Halifax was accused of contravening Stark Law and the False Claims Act. According to Government allegations, the service provider entered into illegal contracts with six oncologists. These contracts included financial incentives connected to the value of prescription drugs and tests that the oncologists performed, and were billed by the company to Medicare.

If you discover that your company is engaged in fraudulent activity, the right thing to do is to report their misconduct. However, many employees do not do this for fear of retaliation, so it’s important to know that as a whistleblower you do have protection. By law your employer cannot retaliate against you for whistleblowing. If you lose your job, get demoted, or suffer any other negative consequences as a result of your actions then you stand not only to receive compensation from your qui tam litigation, but you will also be reinstated to your job, compensated for your losses, receive back pay or double pay, and will most likely have your attorney fees covered as well.

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Do the Right Thing

Doing what’s right is never an easy thing, and individuals who blow the whistle on their workplace often run the risk of some sort of retaliation or negative consequence because of their actions.

If you have witnessed fraud or illegal activity in your company and believe there is sufficient grounds and evidence to report it to the authorities, then you need to fully understand the process and possible consequences of your actions. It takes courage, research, and risk to blow the whistle on your company; while there is a possible reward, you have to remember that there is a chance of losing your job, or even being prosecuted in the process.

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Whistleblower laws are incredibly complicated – there is no single protective law – they vary from state to state, and you need to be sure of what kind of protection whistleblowers have in your home state. The Mississippi Code 25-9-171, et seq. states that employers cannot “dismiss or otherwise adversely affect the compensation or employment status if employee testifies or provides information to an investigative body”. In essence, your job should be fairly secure, however, there are a number of cases in which you could actually be prosecuted due to your involvement in a qui tam claim.

A government entity can take action against an employee in the case that they knowingly provided false information, they are found to have engaged in improper conduct in the course of acquiring information, or if it is found that they have been directly involved or benefited from the fraudulent behavior of their employers.

Did you know that whistleblowing began in the US when Benjamin Franklin leaked letters Hutchinson had written to Thomas Whately, and ultimately led to the American Revolution? Back then it was just as important as it is today, to take a stand against dishonesty and corruption.

Forms and Pens

If you know of fraud or corruption in your workplace, whether a hospital, corporate office, or state or federal agency, as a tax-paying citizen you can protect public funds from misuse by reporting it.

Typically, you will begin the process by making a complaint, either electronically, or by fax or mail, on one of several sites set up for this purpose. But before you go ahead and complete a whistleblower form, this is what you should know about your rights and the best steps to take for a successful case outcome.

The CFTC is the U.S. Commodity Futures Trading Commission, which has a Whistleblower Program created by the Dodd-Frank Act. The CFTC has regulatory authority over future trading, subject to the Commodities Exchange ACT.

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The scope of the CEA has become increasingly complex over the years, now governing a wide range of commodities, including crude oil, gasoline, grains, oats, cotton, wheat, corn, heating oil, and financial instruments.

The CFTC also plays a role in addressing concerns regarding the corporate fraud which escalated and became public in 2008, particularly the large bank issues. In fact, the CFTC joined the government’s Executive Branch task force to help prosecute those accused of stealing millions through the sale of illegal foreign currency futures contracts.

If you know that a company or an individual within an enterprise is engaging in fraudulent acts against the United States government you can expose their conduct under the False Claims Act (FCA), which can be used to protect and reward you as a whistleblower.

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Coming forward to report a company’s illegal or unsafe conduct is the right thing to do—it makes sure that money often intended for society’s most vulnerable families and individuals, does not go into the pockets of dishonest people. Still, being that person who figuratively blows the whistle on fraud can be unnerving. It can also have consequences for you and your family, so it’s best to arm yourself with the facts before exposing a company’s illegal or harmful behavior.

Blowing the whistle on fraud benefits your community and your country

Whistleblowers are individuals who report illegal or fraudulent activity that is being carried out by an employer, an organization, or government. If an individual is employed by the organization they are making a complaint against, their employer may try to retaliate against them, but there are state and federal laws to protect whistleblowers.

Books and a Gavel

Deciding whether to bring a state or federal whistleblowing complaint has implications for the success of a case and the award you may be entitled to—as much as 25 to 30% of the recovered funds. So it helps to know the difference between state and federal whistleblowing laws.

State False Claims Law—a whistleblower complaint falls under state False Claims Law when it involves damage or harm that has cost a particular state money. These are the facts about state False Claims complaints:

You’ve collected some information about bringing a complaint under the False Claims Act, but where to go from here? Here’s how to pick a good attorney for your qui tam case.

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The success of your whistleblower False Claims Act lawsuit, as well as minimizing the complications and stress bringing such a complaint could have on you, will depend on this single factor: having an attorney that is successful in qui tam cases in your corner – a professional who is able to fight the good fight alongside you.

In this blog, we’ll let you know how to find the best attorney for your qui tam needs, based on four key indicators. These include: prior experience, has the credentials, a trustworthy reputation and the required support you deserve for taking the important step to blow the whistle on healthcare crime.

Deciding to blow the whistle on corrupt practice within the healthcare sector is not an easy decision, but healthcare whistleblowers make a huge contribution to both the economy and America’s democracy. Unfortunately, corruption in healthcare is rife and more and more organizations think they can defraud the government. Many of them do, but thanks to our many brave whistleblowers, this is becoming increasingly difficult. If you are considering blowing the whistle on healthcare fraud and want to ensure that you succeed in your qui tam litigation, you should read this first.

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Be Sure to Move Fast

Whether your motives are financial, moral, or both, you need to move fast as you might not be the only whistleblower in the company. Most qui tam laws regarding whistleblowers have a “first-to-file” rule. If you want to claim the financial reward on offer, you need to be the first to blow the whistle on a particular fraudulent scheme.  

The False Claims Act (FCA) was designed to be used as a mechanism for whistleblowers should they know of any individual, company or organisation who is committing fraud against the government.

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The FCA allows the individual to sue on behalf of the government; the act allows the government to recover 300% of the original fraud plus any fines or penalties imposed. The whistleblower can expect to earn up to 15% of the recovery and attorneys’ fees. This can add up to a huge amount of money, and many whistleblowers have earned millions for their troubles. Besides the money, what else can you expect from a False Claims Act settlement? We’ll take you through the process. But first.

What is Qui Tam and how does it relate to whistle blowing?

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