Posts from 2018.
CPM Wins in Whistleblower Award Decision in Virginia Supreme Court

In a decision of first impression in the state and federal appellate courts throughout the country, the Virginia Supreme Court issued an opinion in a case filed by CPM in 2007, Commonwealth v. Commonwealth ex rel. Hunter Laboratories, LLC (Va., Aug. 9, 2018, No. 170995) 2018 WL 3768538, holding that the whistleblower’s award under Virginia’s false claims act must be calculated based on the total amount of the settlement of a qui tam case, not just the portion retained by the state.

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Whistleblower Law for Whistleblowers: A Practical Guide

Part 6:  Are There Any Downsides to Becoming a Whistleblower? The Whistleblower Facts of Life

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Defrauded Investors May Lose Their Right to Recovery: Trump Administration Pushes for Regulatory Changes that Would Allow Companies to Avoid Securities Class Actions Through the Use of Mandatory Arbitration Agreements

“Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”

 – Justice Louis Brandeis”

Investors need to be aware of efforts underway to undermine their ability to redress corporate fraud.  The Securities Exchange Commission (SEC) is contemplating a highly controversial change to securities policy which would allow companies to block securities class actions, which are often the only way that defrauded investors can be made whole.

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Whistleblower Law for Whistleblowers: A Practical Guide

Part 5:  Whistleblower Rewards

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In a divided opinion, the Sixth Circuit Court of Appeal overturned a lower court order dismissing a $35 million whistleblower suit against Brookdale Senior Living Communities. The suit was filed by a former employee of Brookdale who was tasked with reviewing Medicare claims prior to their submission. The whistleblower alleged that it was Brookdale’s policy to enroll as many residents as possible in home health care services that were billed to Medicare, even when the treatments were not medically necessary. She also alleged that Brookdale submitted claims to Medicare without obtaining the required physician certification of need, or that Brookdale obtained the certifications after the fact.

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Whistleblower Law for Whistleblowers: A Practical Guide

Part 4: Who Can Be a Qui Tam Plaintiff? And What Is the Basic Process?

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Whistleblower Law for Whistleblowers: A Practical Guide

Part 3:  Whistleblower Rewards: An Introduction to the False Claims Act

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Whistleblower Law for Whistleblowers: A Practical Guide

Part 2: Protecting Whistleblowers From Retaliation

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Whistleblower Law for Whistleblowers: A Practical Guide

Part 1: Am I a Potential Whistleblower?

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Finra Enacts Important Rule to Protect Seniors Against Fraudulent Activity

In you have a brokerage account it is subject to oversight by FINRA (Financial Industry Regulatory Authority).  Over the past several years FINRA has implemented new protections for senior citizens.  An important new rule (FINRA Rule 2165) went into effect in February 2018 to address scams and other fraud targeting vulnerable adults.  Rule 2165 is designed to protect two populations:

  • Elders aged 65 and older; and,
  • People over 18 who a brokerage firm “reasonably believes” have a mental or physical impairment that renders the individual unable to protect his or her own interests.

This wording dovetails nicely with FINRA’s “know your customer” rule (FINRA Rule 2090).

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Topics: Elder Abuse

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