Author Archives: Jay Butchko
SEC Issues First Whistleblower Award of $2.2 Million Under Safe Harbor Rule
The Securities and Exchange Commission, or SEC, announced in April that it issued an award of $2.2 million to a whistleblower for the first time under what’s known as the ‘safe harbor’ rule. The whistleblower’s tip to one federal agency resulted in an SEC enforcement action. The whistleblower reported information to a federal agency… Read More »
Common Types of Whistleblower Fraud
Whistleblower cases, known as Qui Tam cases, are ones that are brought against companies who are committing fraud against the United States government for financial gain. These types of cases can come from many sources, but some of the most common whistleblower cases are: Health Care Fraud It probably comes as no surprise that… Read More »
New IRS Task Force — Could This Mean More Whistleblower Awards?
The Wall Street Journal shared news that the IRS is forming a new task force within its criminal investigations unit. The team of 10 agents will be solely focused on international tax enforcement. They are assembling experts who will follow the funds of financial criminals and tax cheats, no matter where they are in… Read More »
What is the Dodd-Frank Act?
The Dodd-Frank Act’s official name is the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was passed in 2010 during the Obama administration to address concerns surrounding the 2008 financial crisis. It gets its name from U.S. Senator Christopher J. Dodd and U.S. Representative Barney Frank, who were the original sponsors. It enhances… Read More »
What to Know about Investing in Municipal Bonds
If you’re considering different investment options, municipal bonds may be a viable option. Municipal bonds can be worthwhile if you’re looking for tax-free income streams while preserving capital. What are Municipal Bonds? Often called “munis” for short, municipal bonds are issued by various government entities and U.S. territories. There are two varieties of municipal… Read More »
Involuntary Dissociation with Florida LLCs
Newly formed LLCs in Florida run the risk of drafting an operating agreement that is missing key elements, like what to do when the LLC members reach a deadlock. Even if your LLC does not have an operating agreement that discusses how to remove a member, Florida’s Revised Limited Liability Company Act (the Act)… Read More »
Instituting a Deadlock-Breaking Mechanism in Your LLC Operating Agreement
Disagreements between LLC members, at some tpoint, are inevitable. When members fail to reach an agreement on certain material matters, or set a dispute resolution procedure to break a tie vote, it is typically referred to a “deadlock.” Deadlocks can break down business processes, cause efficiency problems and loss of revenue, present distractions and… Read More »
Dissolving an LLC in Florida
When starting a new LLC, there is typically optimism that the business will be successful and that the members will get along well. In reality, however, things happen over time and disputes may arise between members in an LLC. In these cases, there is a some chance the LLC will be headed to what… Read More »
What is a Reverse False Claim?
Most qui tam whistleblower lawsuits under the False Claims Act involve a Defendant who has made a fraudulent “claim” for money upon the government. For example, when a hospital sends a bill to Medicare for a medical procedure that was never performed, the hospital has made a “claim” for money upon the government. If… Read More »
False Claims Act: Top Health Care Recoveries for Fiscal Year 2017
There’s no denying that health care fraud accounts for a large percentage of the claims that qualify under the Federal False Claims Act (FCA). According to the Justice Department, of the more than $3.7 billion in settlements and judgments recovered in fiscal year 2017, $2.4 billion of them involved the health care industry. Claims… Read More »