Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Category Archives: Department of Justice (DOJ)

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Rise in FCA Penalties Could Incentivize More Whistleblower Suits

Posted in Department of Justice (DOJ), False Claims Act (FCA)
On June 30, 2016, the Department Of Justice, published an interim final rule nearly doubling the penalty range for violations under the civil False Claims Act (FCA).  The current range is $5,550-$11,000 for each false claim, but under the new rule the penalty for each false claim would be no less than $10,781 and not… Continue Reading

Relator-Friendly Ruling Highlights Dangers of Imprecise Settlement Agreements

Posted in Department of Justice (DOJ), False Claims Act (FCA)
The Middle District of Tennessee ruled recently that Community Health Systems, Inc. (CHS) cannot rely upon the “first to file” and “public disclosure” bars to avoid paying attorneys’ fees and costs where a settlement agreement did not specify these grounds for precluding such awards to the relators. This outcome should warn defense counsel to clearly… Continue Reading

Senate Passes Whistleblower Protection (Again)

Posted in Department of Justice (DOJ), Department of Labor (DOL), Whistleblower Retaliation
Last week, the Senate passed legislation to extend whistleblower protections to employees that provide information to federal prosecutors related to criminal violations of antitrust law. As we reported last month, the Criminal Antitrust Anti-Retaliation Act of 2015 (“CAARA”) would protect covered employees from retaliation, and allow them to file complaints with the Secretary of Labor.… Continue Reading

Third Time’s a Charm? Senators Revive Legislation to Protect Whistleblowers in Criminal Antitrust Cases

Posted in Department of Justice (DOJ), Department of Labor (DOL), Whistleblower Retaliation
U.S. Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vermont) recently reintroduced legislation to extend whistleblower protections to employees who provide information to the Department of Justice related to criminal antitrust violations.  If passed, the Criminal Antitrust Anti-Retaliation Act of 2015 (“CAARA”) would protect employees who report such violations from retaliation (such as discharge, demotion, suspension, threats,… Continue Reading

Crowell & Moring Discusses Recent Developments in the FCA’s Public Disclosure Bar

Posted in Department of Justice (DOJ), False Claims Act (FCA)
In a recent article for the BNA Federal Contracts Report, three C&M attorneys analyzed recent developments in the “public disclosure bar,” which prevents private whistleblowers in certain circumstances from bringing suit under the False Claims Act.  Recent judicial opinions have cabined what it means to be “publicly disclosed.”  The Seventh Circuit’s view – that “[d]isclosure… Continue Reading

NYT: The Positives and Negatives of Increased Whistleblowing

Posted in Department of Justice (DOJ), Dodd-Frank Act (Dodd-Frank), False Claims Act (FCA), Securities & Exchange Commission (SEC)
The New York Times just published an article by Professor Steven Davidoff Solomon of the University of California at Berkeley School of Law that explores both the positive aspects of increased whistleblowing in recent years, as well as the perverse incentives that increased rewards for whistleblowers are creating in some people. The article is available… Continue Reading

NYT: Rise of The Whistleblower

Posted in Department of Justice (DOJ), Dodd-Frank Act (Dodd-Frank), False Claims Act (FCA), Internal Revenue Service (IRS), Securities & Exchange Commission (SEC), Whistleblower Retaliation
The New York Times recently published an article by Professor Peter Henning of Wayne State University Law School regarding the rise of the whistleblower in recent years due to increased statutory protection and redoubled enforcement efforts by various federal agencies. The article is available here.… Continue Reading