Whistleblower Law Blog
Doctors’ Self-Referrals Triggered the False Claims Act, Judge Says
A federal judge held that physicians violated the False Claims Act when they made referrals to a hospital that used a radiation imaging company in which the doctors had financial interests.
ARB Says Whistleblowers Can Sue Unions for Retaliation Under AIR 21
Reversing a lower-level judge, the U.S. Department of Labor’s Administrative Review Board (ARB) said that that unions can be held liable for retaliating against whistleblowers under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21).
Ghoulish Medicare Fraudster Admits Giving Chemo to Healthy Patients
Just weeks before a planned trial, Michigan oncologist Farid Fata pleaded guilty to 16 of 23 criminal counts, including charges of giving chemotherapy to healthy patients in order to get Medicare payments.
Cardiology Group Will Pay $1.3 Million to Settle Claims of Improper Referrals
The U.S. Department of Justice (DOJ) said it obtained a $1.3 million settlement of allegations that a cardiology practice violated the False Claims Act and the Stark Act by knowingly compensating its physicians based on the number of tests that the physicians referred.
The Stark Act prohibits a physician from referring Medicare patients for designated health services to an entity with which the physician has a financial relationship (unless an exception applies). The Stark Act does not permit a practice to compensate a physician based directly on the volume or value of the physician’s referrals for services not personally performed by the ordering physician.
SEC Gives $300K to Whistleblower Working in Audit/Compliance
The U.S. Securities and Exchange Commission said it awarded more than $300,000 to a whistleblower who first reported wrongdoing internally — but then went to the feds after being ignored for four months.
The SEC typically doesn’t reveal details about the people who receive awards under the Dodd-Frank Act, since the law grants confidentiality to whistleblowers, but the agency said this was its first-ever payout to a person who worked in a company’s audit or compliance areas.
ARB Affirms Damages for Whistleblower, Expands Protective Rule
In affirming a pilot’s reinstatement and damages award, the U.S. Department of Labor’s Administrative Review Board (ARB) showed that its new Speegle test — which makes it tougher for employers to justify the firing of whistleblowers — will reach well beyond its initial application to the nuclear industry.
New York Awards Whistleblower $300,000 for Reporting Tax Evasion Scheme
New York continued to crack down on tax cheats under its strengthened False Claims Act (FCA), awarding a whistleblower more than $300,000 for reporting an out-of-state retailer’s failure to collect sales tax on high-end appliances it delivered to New York customers.
IRS Issues New Whistleblower Regulations, Promises Timelier Action
In August 2014, the Internal Revenue Service issued final regulations amending its whistleblowing program. The most significant changes pertain to administrative proceedings outlined in 26 C.F.R. § 301.7623, and provide whistleblowers with more information regarding the status of IRS investigations of their claims. The changes also provide more structured timelines in which the IRS must process claims under its whistleblowing program.
ARB Allows Whistleblower to Challenge Arbitration of Retaliation Claim
The U.S. Department of Labor’s Administrative Review Board (ARB) said it would hear an airline whistleblower’s appeal of a decision forcing her into arbitration with her former employer, saying the delay of arbitration might jeopardize her rights under the the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21) — and therefore could undermine AIR 21 itself.
SEC Brings First Action on Whistleblower Retaliation
The U.S. Securities and Exchange Commission (SEC) said it filed — and promptly settled, for $2.2 milllion — its first-ever charges against a company for retaliating against a whistleblower who reported wrongdoing under the Dodd-Frank Act.
The SEC charged Paradigm Capital Management Inc., a hedge fund advisory firm, with engaging in prohibited principal transactions and then removing a head trader from his regular responsibilities after he reported the conflict of interest to the SEC.
The Employment Law Group® law firm produces this blog to provide general news and information about the field of whistleblower law. The blog does not contain any legal advice upon which you should rely or act. Please read our disclaimer.
Editor-in-Chief
R. Scott Oswald
Contributing Editor
Laurence Hooper
Popular Topics
- Administrative Review Board (ARB)
- Dodd-Frank Act
- False Claims Act (FCA)
- Foreign Corrupt Practices Act (FCPA)
- Internal Revenue Service (IRS)
- Medicare Fraud
- Occupational Safety and Health Administration (OSHA)
- Sarbanes-Oxley Act (SOX)
- Securities and Exchange Commission (SEC)
- Securities Fraud
- Tax Fraud
- Title VII of the Civil Rights Act of 1964
- Whistleblower Protection Act (WPA)
