Author Archives: Jay Butchko
Can a Qui Tam Whistleblower Remain Anonymous?
Whistleblowers often risk losing their jobs, getting demoted, or damaging their professional reputations when reporting that a company or person has committed fraud against the government. In some situations, whistleblowers may even risk their safety. As a result of these risks, many potential whistleblowers want to know whether their identities will remain anonymous after… Read More »
Improvements to the IRS Whistleblower Program Signed Into Law
On July 1, 2019, President Trump signed into law the Taxpayer First Act, which was an effort by Congress to “redesign” the Internal Revenue Service. According to the IRS, the law aims to “strengthen taxpayer rights” and requires the agency to “develop a comprehensive customer service strategy.” Among other changes, the Taxpayer First Act… Read More »
The New Face of the Florida Business Corporation Act
After about 30 years, Florida’s corporation laws are finally getting a facelift. The recent overhaul of the Florida Business Corporation Act, Chapter 607, Florida Statutes, (“FBCA”) seeks to fix issues regarding the existing corporate statute’s effect on litigation, to bring the FBCA more in line with the Model Business Corporation Act, and to make… Read More »
My Boss is Committing Fraud. What Now?
Many employees wake up one day to find themselves in a terrible situation: their boss is committing fraud in the workplace. This poses a serious dilemma of what to do next. Confront the boss? Report the boss to management? Report the fraud to the government? Do nothing? The answer, of course, is “it all… Read More »
What is Genetic Testing Fraud?
Cancer genomic testing, also known as CGX testing, is a type of laboratory test that uses DNA sequencing to detect gene mutations that could indicate a higher risk cancer. In essence, this is a cancer screening test. Medicare covers CGX testing in very limited circumstances. CGX testing is very expensive, with the government paying… Read More »
Have Something in Common? Doesn’t Mean the Investment He or She is Pitching is Real.
As attorneys who represent investors who have lost money to fraudulent investments, the one thing all of our clients agree upon is that their investment advisor “seemed like a really great guy/gal”. The old adage “you can catch more flies with honey than vinegar” is correct. Fraudsters know how to turn on the charm…. Read More »
Beware of Federal Liability for Email and Social Media Hacking During a Divorce
When a couple is going through a divorce, it is common for tensions to run high and emotion to cloud good judgment. Add into the mix a spouse’s concern that the other spouse may be having an affair, hiding assets, or manipulating the couple’s children, and the first spouse (the “snooping spouse”) may feel… Read More »
I Just Received a Subpoena for Deposition. What Do I Do?
The last person you want to see when you open your front door is a process server. Despite your best intentions, one day, it could happen to you. Process servers are tasked with delivering an assortment of court documents, including discovery subpoenas in civil cases. This post will address what to do when you… Read More »
A Slight Expansion in Liability Under Federal Securities Laws
Do you ever copy-and-paste a statement without thinking twice of the implications? The United States Supreme Court recently expanded the reach of federal securities laws and who can be held liable for violating them. In Lorenzo v. Securities and Exchange Commission, 139 S. Ct. 1094 (2019), the Court held that a person can be… Read More »
The Ultimate Combatant Case: A Member Dispute Involving an LLC Without an Operating Agreement
Part of the appeal of the LLC business structure is that the members of an LLC are free to choose a unique set of rules for operating the LLC, called an operating agreement. There is a lot of flexibility in what you can include in the operating agreement; only provisions that enable or encourage… Read More »