Company allegedly gave government inflated cost and pricing data when negotiating no-bid contracts for drone-related military projects Insitu drone. The company settled False Claims Act allegations that it inflated the prices of parts sold to the U.S. Navy and the Special Operations Command (SOCOM). Insitu, Inc., a subsidiary of aerospace…
The Whistleblower & Anti-Fraud Blog
Eleventh Circuit Takes Broad View of Escobar’s Materiality Requirement, Reviving $240 Million Qui Tam Whistleblower Lawsuit Involving Unallowable Fees Included in VA Mortgage Loan Guarantees
Court takes “holistic approach” to materiality, rejecting strict focus on the ultimate “payment decision” in significant win for qui tam whistleblowers and the government A few weeks ago, I blogged about United States v. Strock. There, the Second Circuit Court of Appeals determined that the Supreme Court’s decision in Universal Health…
Falsely Certifying Eligibility to Participate in Government Programs can Give Rise to Liability under the False Claims Act Post-Escobar, Court of Appeals Holds
Second Circuit rules that relevant government “payment decision” under Escobar included Veterans Administration’s initial decision to award contracts based on claim that contractor qualified as a “service-disabled, veteran-owned small business”—not just the VA’s subsequent decisions to make payments under those contracts In a key victory for the federal government and…
Supreme Court of Illinois Upholds Qui Tam Whistleblower Provisions of State Insurance Claims Fraud Prevention Act
Court holds that whistleblower standing under the Insurance Claims Fraud Prevention Act—like the federal False Claims Act—does not require that the qui tam relator suffered injury The Supreme Court of Illinois has upheld the qui tam whistleblower provisions of the Illinois Insurance Claims Fraud Prevention Act, affirming the reversal of…
The Shield of Qualified Immunity is Unavailable as a Defense under the False Claims Act, Appellate Court Holds
Fourth Circuit reasons that proving the fraudulent state of mind required for False Claims Act liability would defeat any claim of qualified immunity State or local government officials alleged to have violated the False Claims Act by defrauding the federal government cannot raise “qualified immunity” as a defense, the Fourth…
Qui Tam Whistleblower Awarded $3.7 Million as U.S. Settles with German Engineering Firm for Ducking Customs Import Duties
Linde AG used incorrect Harmonized Tariff Schedule (HTS) codes and failed to declare “assists” on steel products imported from China The German firm Linde AG has agreed to pay $22.2 million to resolve allegations it knowingly dodged U.S. customs duties on imports of steel components from China. The qui tam…
Financial Institutions can be Sued under the Whistleblower Provisions of the False Claims Act for Defrauding the Federal Reserve
Fraud in connection with receipt of federal bailout funds held to be actionable under the False Claims Act The Second Circuit Court of Appeals has ruled in favor of two financial sector qui tam whistleblowers, reviving their claims under the False Claims Act that Wells Fargo lied about its financial…
Whistleblowers Share $1.48 Million Reward as Importer of Brake Pads Settles Customs Fraud Lawsuit for $8 Million
Centric Parts of California evaded 2.5% tariff by misclassifying “mounted” brake pads as “unmounted.” In yet another False Claims Act settlement involving customs fraud and tariff enforcement, California aftermarket auto parts supplier CWD Holdings, LLC – which does business as Centric Parts – has agreed to pay $8 million to…
Federal Contractor CDM Smith Pays $5.6 Million to Resolve Whistleblower Claims under the False Claims Act Arising out of Scheme to Overcharge Navy
Firm allegedly provided government with inaccurate cost data during contract negotiations, failed to disclose that estimates had been reduced by automation of manual tasks. Federal prosecutors have announced that CDM Smith, an environmental engineering and construction firm located in Fairfax, Virginia, has agreed to pay $5.6 million to resolve claims…
Appellate Court Approves Whistleblower’s use of Third-Party Litigation Funder, Affirms $255 Million Verdict against Skilled Nursing Facilities for Medicare Fraud
Management pressured staff to inflate Medicare reimbursements by “upcoding” and “ramping.” The Seventh Circuit Court of Appeals has held that arrangements with a third-party litigation funder did not deprive a whistleblower of legal “standing” to pursue her claims under the False Claims Act. It also upheld a $255 million jury…