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Whistleblower Insider Blog

					
Whistleblower Insider is written by the Constantine LLP law firm team of experienced qui tam and whistleblower lawyers. It is updated regularly to provide the latest whistleblower and fraud news and developments.

				

			

			
						
					
			

	
		
		

			

				
				
Whistleblower News from the Inside - September 5, 2014

				
Posted  09/5/14
								

				 
								 				By the C|C Whistleblower Lawyer Team

BP found to have acted with gross negligence in oil spill fiasco – A federal judge made the ruling despite the company’s expectation that it would be found merely negligent; it now faces upwards of $18 billion in fines.  Bloomberg

Former Governor McDonnell found guilty – A Virginia jury found the former governor guilty of 11 counts of corruption, though his lawyers say he...				 
				 				
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Eighth Circuit Clarifies Position on Pleading Fraud Under the False Claims Act

				
Posted  09/4/14
								

				 
								 				By Jason Enzler

The Eighth Circuit has become the latest appellate court to join the fray over what is required of False Claims Act complaints.  Last Friday, in U.S. ex rel. Thayer v. Planned Parenthood of the Heartland, the Court held that a qui tam relator need not plead a representative sample of a false claim in order to survive a motion to dismiss the complaint.  In doing so, the Eighth Circuit sided with...				 
				 					 

						
Tagged in:
													  FCA Materiality, 
												
						

					
	
								
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Case Tests Tension Between False Claims Act and First Amendment

				
Posted  09/4/14
								

				 
								 				By Marlene Koury

The much claimed but never proven tension between the False Claims Act (“FCA”) and First Amendment is being tested again in United States v. Millenium Pharmaceuticals Inc., currently pending in the Eastern District of California.  The whistleblower, a former pharmaceutical sales representative, alleges in his complaint that Millennium Pharmaceuticals illegally promoted the off-label use of...				 
				 					 

						
Tagged in:
													  Court Decision, 
													  FCA Federal, 
													  Off-Label and Unapproved Use, 
												
						

					
	
								
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Barker Decision Extends Attorney-Client Privilege Waiver to False Claims Act Cases

				
Posted  09/4/14
										

						By						  
													Gordon Schnell	
												
									

				 
								 				The attorney-client privilege is perhaps the most critical component of the attorney-client relationship.  As the Supreme Court declared in its landmark Upjohn decision, the privilege exists "to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observation of law and administration of justice."  As most would agree, without the privilege...				 
				 					 

						
Tagged in:
													  Court Decision, 
													  FCA Federal, 
													  Hospital Fraud, 
												
						

					
	
								
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Whistleblower News from the Inside - September 2, 2014

				
Posted  09/2/14
								

				 
								 				By the C|C Whistleblower Lawyer Team

NY to go after Evans Bank for racial redlining -- The one-hundred year old Buffalo-based bank is being accused of "deliberately choking off mortgage lending to predominantly minority communities."  NYT

More on the CDC vaccine whistleblower -- Opinion piece on the "apparent efforts by most media outlets to censor and downplay this story and try to discredit people reporting on...				 
				 				
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Whistleblower News from the Inside - August 29, 2014

				
Posted  08/29/14
								

				 
								 				By the C|C Whistleblower Lawyer Team

DOJ intervenes in qui tam case against Evercare Hospice -- The government has elected to join a whistleblower lawsuit against the company for submitting false claims under the Medicare program.  Corporate Crime Reporter

Judge upholds landmark verdict in Chicago State University whistleblower case -- The court upheld a verdict ordering over $3 million in damages and...				 
				 				
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First Circuit Rules on Tax Deductibility of False Claims Act Settlements

				
Posted  08/28/14
								

				 
								 				By Jason Enzler

The First Circuit Court of Appeals issued a decision recently on a matter of first impression for the circuit: whether courts may consider factors outside of settlement agreements in False Claims Act cases in order to determine whether portions of a settlement can be deducted from a defendant’s tax liability. In ruling that courts can indeed look beyond the agreements, the First Circuit in...				 
				 					 

						
Tagged in:
													  FCA Federal, 
												
						

					
	
								
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The Final Phoenix VA Report Is Out – No Deaths Linked To Delays?

				
Posted  08/28/14
								

				 
								 				By Marlene Koury

The VA Office of the Inspector General ("OIG") released its final report this week on the alleged patient deaths, wait times and scheduling issues at the Phoenix VA.  Despite the allegations of several whistleblowers, the investigators found that there was no conclusive evidence that delays in care were linked to veterans' deaths. But the report cautioned that, even so, the Phoenix VA has...				 
				 				
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Whistleblower News from the Inside - August 26, 2014

				
Posted  08/26/14
								

				 
								 				By the C|C Whistleblower Lawyer Team

NP Precision Inc. pleads guilty to $1.2M fraud – The majority owner of defense contractor NP Precision, which produces and sells hardware components used in military aircraft, plead guilty to misusing progress payments on government contracts by failing to pay subcontractors and requesting progress payments under the contracts for costs that it had not actually incurred.  				 
				 				
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