Whistleblower Insights and Developments
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District court dismisses FCA claims against student loan collectors
On February 11, the U.S. District Court for the District of Columbia dismissed a relator’s False Claims Act claims, which alleged that a group of prime private student loan debt collectors (defendants) defrauded the federal government of funds intended for small businesses in relation to contracts...
In The NewsTwo whistleblowers earn SEC awards totaling $322,000
On January 22, the SEC announced that it had awarded a total of $322,000 to two whistleblowers in two separate enforcement actions. According to the SEC’s press release, the whistleblowers “played a crucial role in helping the Commission protect Main Street investors,” and “assisted the SEC in...
In The NewsSEC monetary sanctions in whistleblower program top $2 million for 2019
On November 15, the SEC announced it issued its fiscal year 2019 whistleblower program annual report to Congress, which states that since the program’s inception, the SEC has ordered over $2 billion in total monetary sanctions in enforcement actions that resulted from information brought by...
In The News2nd Circuit denies three petitioners seeking whistleblower awards for SEC settlement
On November 8, the U.S. Court of Appeals for the Second Circuit denied petitions from three whistleblowers seeking awards following a $55 million settlement between the SEC and a global financial institution, which the SEC previously denied. According to the opinion, multiple individuals disclosed...
In The NewsSEC charges online auction portal with violating whistleblower protection laws
On November 4, the SEC announced the filing of an amended complaint in an action against an online auction portal and its CEO (collectively, “defendants”), along with the CEO’s wife as a relief defendant. The original complaint, filed in May, alleged that defendants operated a $23 million...
In The News"SEC invokes '120-day' rule to enhance award to internally reporting whistleblower despite digital realty" by Christopher F. Regan, Timothy J. Coley, and Jessica M. Shannon (ABA White Collar Crime Committee Newsletter)
The Securities and Exchange Commission recently approved a $4.5 million whistleblower award, the first issued under its rule governing internal whistleblowing and its first since the Supreme Court’s decision last year in Digital Realty Trust, Inc. v. Somers . Digital Realty held that employees who...
ArticlesFifth Circuit affirms dismissal of reverse-false-claims action in benefits payment fraud matter
On October 7, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a whistleblower’s reverse-false-claims action because it was barred by the False Claims Act’s (FCA) public-disclosure provision and the alleged scheme was not plead with sufficient detail. The relator, a former...
In The NewsNew York launches online whistleblower submission system
On October 2, New York’s Office of the Attorney General launched an online, open-source whistleblower submission system designed to enable witnesses to report information without compromising their identity. The N.Y.A.G. Whistleblower Portal allows whistleblowers to securely and anonymously submit...
In The NewsCFTC awards $7 million to whistleblower for CEA action
On September 27, the Commodity Futures Trading Commission (CFTC) announced a whistleblower award of approximately $7 million to an individual who reported information that led to a successful Commodity Exchange Act (CEA) enforcement action. The associated order notes that five claimants submitted...
In The News3rd Circuit: FCA does not guarantee an in-person hearing before dismissal
On September 12, the U.S. Court of Appeals for the Third Circuit held that the False Claims Act (FCA) does not guarantee relators an automatic in-person hearing before a case can be dismissed. According to the opinion, a relator filed a qui tam action against a Delaware non-profit organization,...
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