Whistleblower Law Collaborative, LLC

The Whistleblower Law Collaborative is one of the nation’s leading whistleblower law firms representing persons or companies who learn of fraud and step forward to expose wrongdoing. Our attorneys all have prior government experience and a passion for fighting fraud. We achieve outstanding results in this very complex area of the law, while supporting our courageous clients every step of the way.

A version of this article appeared on Law 360: Expert Analysis on July 8, 2020. On June 25, in Ruckh v. Salus Rehabilitation, LLC, No. 18-10500 (11th Cir. June 25, 2020), the U.S. Court of Appeals for the Eleventh Circuit restored a jury’s verdict under the False Claims Act. At trial, the plaintiff persuaded the jury that the defendants had defrauded Medicare for years by misrepresenting the level of services they provided. U.S. District Judge…
Medicaid cannot negotiate drug prices the way private insurers can. This creates a risk that the public will overpay for needed drugs. The Medicaid Drug Rebate Program requires manufacturers to pay rebates to state Medicaid programs so that they do not overpay for drugs. The program is complicated. It is also vulnerable to several types of fraud. Below we explain how it works, and how drug companies can and do defraud it. We also give…
Earlier this month, the Taxpayers Against Fraud Education Fund (TAFEF) formally announced the launch of a national COVID-19 Anti-Fraud Task Force. The Task Force will assist federal and state law enforcement in identifying, exposing, and prosecuting fraud related to COVID-19. It consists of former government prosecutors and experienced False Claims Act qui tam attorneys. Collectively, these attorneys have assisted federal and state governments in recovering over $20 billion.  The Task Force is chaired by…
One of the requirements for any False Claims Act case is that the falsity or fraud must be material.  We explain what that term means, and how a whistleblower goes about proving the materiality of a fraud. What is the Purpose of the False Claims Act Materiality Requirement One of the elements or requirements of all fraud law (and contracts and torts for that matter), is that the subject of the the fraud be material.…
The Massachusetts U.S. Attorney’s Office announced that it will sue drug manufacturer Regeneron Pharmaceuticals for health care fraud. The False Claims Act complaint alleges that Regeneron paid tens of millions of dollars to induce prescriptions for its drug Eylea. Regeneron’s scheme to use a third-party foundation to hide copay waivers is a growing focus of government prosecutors.  Below, we explain what Regeneron did, and why it is illegal. Regeneron Copay Waiver Scheme According to…
Here at the Whistleblower Law Collaborative, we try to keep our work focused on the rights and claims of our clients, and the interests of law enforcement in protecting the American public from waste, fraud, and abuse.  We often hold our tongues in political matters, lest our work be misunderstood as connected to partisan interests. But not all “politics” is partisan, and not all public matters of controversy are the same.  We feel compelled…
Last week, the Department of Justice announced that a private, for-profit beauty school has agreed to pay $425,000 to resolve education fraud allegations. The defendant is Metro Beauty Academy, LLC (“MBA”), located in Allentown, PA. A whistleblower originally brought the case, which alleged that the school fraudulently sought federal  aid for students who were ineligible for such aid. Federal Financial Aid Program Requirements According to DOJ’s press release, MBA operates various educational and technical…
This week, Department of Justice officials appeared before the Senate Judiciary Committee. They described steps DOJ is taking to detect, investigate, and prosecute COVID-19 scams. The two officials were Associate Deputy Attorney General William Hughes and U.S. Attorney for the District of New Jersey Craig Carpenito. DOJ has given Mr. Hughes responsibility for coordinating DOJ’s response to criminal misconduct relating to COVID-19. Mr. Carpenito leads DOJ’s Hoarding and Price Gouging Task Force. In their joint
The US Securities and Exchange Commission awarded nearly $50 million to a single whistleblower who provided “highly significant” information about foreign currency trading fraud. The SEC takes whistleblower confidentiality very seriously.  As a result, the SEC removes almost every detail from its award orders and press releases.  In this case, however, the financial media identified the whistleblower as a former currency trader at Bank of New York Mellon (BNYM). Roadmap Leads to Nearly $50 Million…
The False Claims Act requires a penalty for each each violation. The penalty amount also increases with inflation each year. As of 2020, penalties can range as high as $23,330 per violation. Moreover, some frauds involve tens of thousands of individual violations. Thus, total penalty assessments can run into the millions or tens of millions of dollars. Unfortunately, whistleblowers and their lawyers fail to understand how large total penalties can be.  As a consequence, this leads…