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Private Equity Throws FCA Enforcement Off-Kilter

Over the last 15 years, private equity (“PE”) firms have invested hundreds of billions of dollars in the healthcare sector, infiltrating every corner of the industry from emergency rooms and labs to billing providers and...more

Is Tax Whistleblowing Making A Comeback?

Takeaways: •The IRS is modernizing its somewhat anemic whistleblower program. •IRS whistleblower awards are finally rebounding. •The IRS is aggressively targeting high-net-worth taxpayers and large corporations....more

$40 Million Settlement With Bitcoin Billionaire And Company Shows The D.C. False Claims Act’s New Tax Provision Has Sharp Teeth

Takeaways: •The Office of the Attorney General for D.C. announced a $40 million settlement with Michael Saylor and MicroStrategy, Inc., marking the largest income tax recovery in D.C. history. •The resolution arose from a...more

FY 2023 False Claims Act Recoveries: $2.67 Billion In Recoveries And Over $349 Million In Awards To Whistleblowers

On February 22, 2024, the Department of Justice (“DOJ”) published its annual review of cases and recoveries under the False Claims Act. Through the end of fiscal year 2023, total recoveries (across all years) under the False...more

Do Whistleblowers Have To Be American Citizens?

The United States government has four primary whistleblower statutes and reward programs: •The Federal False Claims Act (“FCA”)- •The Securities and Exchange Commission (“SEC”) Whistleblower Program- •The Internal...more

The emerging battle over 'objective reasonableness' in False Claims Act cases

CT Magazine (June 2022) - The Medicare and Medicaid programs are exceedingly complex, and navigating the myriad statutes, regulations, rules, and guidance presents significant challenges for all healthcare providers and...more

Tax Court: IRS Whistleblower Claims Survive Even Death

In Insinga v. Commissioner of Internal Rev. Service, 9011-13W, 2021 WL 4983084 (U.S. Tax Ct. Oct. 27, 2021), the United States Tax Court recently tackled an issue of first impression: whether an IRS whistleblower’s claim may...more

Landmark Qui Tam Recovery: Private Equity Firm H.I.G. Capital Settles FCA Case For $20 Million

Takeaway: The H.I.G. case will no doubt embolden the Department of Justice and whistleblowers going forward. Now DOJ and relators have a strong summary judgment opinion to ground liability in future cases and several...more

SEC Whistleblower Payouts Top $1 Billion

Takeaway: 2021 has been a record year for the SEC’s whistleblower program with awards for fiscal year 2021 topping $500 million and total awards now exceeding $1 billion. This reflects both a pro-whistleblower administration...more

Whistleblower Lawsuit Yields Second Largest Medicare Advantage Settlement – $90 Million

Takeaway: This recovery makes it very clear that the federal government and whistleblowers continue to aggressively pursue fraud allegations involving the Medicare Advantage Program. We can expect to see robust enforcement...more

Private Equity in the Crosshairs as Qui Tam Case Heads Toward Trial

The District of Massachusetts issued the very first summary judgment decision in a False Claims Act (FCA) lawsuit involving a private equity (PE) firm. The decision provides valuable insight into how the FCA may apply to PE...more

2020 False Claims Act Recoveries: $2.2 Billion in Recoveries and Over $309 Million in Awards to Whistleblowers

On January 14, 2021, the Department of Justice provided its annual review of cases and recoveries under the False Claims Act.  Through the end of fiscal year 2020 (ending September 30, 2020), total recoveries (across all...more

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