Category Archives: Whistleblower
Eleventh Circuit Rules False Claims Act Qui Tam Claims Barred by Prior Whistleblower Retaliation Claims Under Res Judicata
A recent decision by the Eleventh Circuit Court of Appeals affirmed the district court’s dismissal of a False Claims Act (FCA) qui tam action as barred under the doctrine of res judicata due to the whistleblower’s previously filed and dismissed retaliation case. The court’s opinion highlights the importance of bringing both FCA qui tam… Read More »
Whistleblower Client Defeats National Pharmacy Chain’s Motion to Dismiss Medicare Fraud Claims Alleging Medication Therapy Management Consultations Were “Worthless Services”
Representing their whistleblower client (“Relator”) in a qui tam case in which the federal government declined to intervene, RKJ attorneys Adam Rabin, and Havan Clark, together with co-counsel Rosalyn Sia Baker-Barnes, prevailed in defeating a national pharmacy chain’s motion to dismiss the Second Amended Complaint (“Complaint”), as detailed in U.S. District Judge Beth Bloom’s… Read More »
Florida Contractors and Owner Agree to Pay $7.7M to Resolve False Claims Act Allegations
On June 29, 2023, the United States Department of Justice (“DOJ”) announced it reached an agreement with “HX5 LLC and its owner and Chief Executive Officer, Margarita Howard, located in Fort Walton Beach, Florida, and an affiliated joint venture HX5 Sierra LLC, located in Cleveland, Ohio” (collectively, “HX5 Parties”) whereby the HX5 Parties would… Read More »
If I Blow the Whistle on My Employer, Can My Employer Sue Me For Breach of My Nondisclosure Agreement?
When weighing whether to blow the whistle on an employer engaging in fraud upon the Government, an employee or former employee (“Employee”) must consider if doing so would violate the Employee’s nondisclosure agreement. In particular, the Employee must weigh whether providing company documents to the Government will expose the Employee to liability. The short… Read More »
The Importance of Whistleblowers to Help Detect Crime and Fraud
Whistleblowers are people who expose activities that are considered unethical or illegal. Some government programs, like Medicare, rely heavily on whistleblowers to uncover criminal activity. In a recent interview, former Attorney General Jeff Sessions said more than 10 percent of Medicare’s budget is lost to waste and fraud. He went on to state that… Read More »