The 4th Circuit Court of Appeals heard arguments about whether the False Claims Act provision that seals lawsuits from public disclosure violates the First Amendment. The U.S. Court of Appeals upheld the lower court’s decision that extending the 60-day seal period does not violate the constitution.
In Cafasso v. General Dynamics, the Ninth Circuit Court of Appeals ruled that FCA complaints can not merely allege “unsavory conduct…[U]nsavory conduct is not, without more, actionable under the [False Claims Act].” The court goes on to say that FCA actions must “state with particularity the circumstances constitute fraud or mistake,” as well as, “plead plausible allegations.” The court’s decision forces FCA cases to clear a higher bar.
The whistleblower who revealed the tax fraud at Enron is in for a big pay day. The IRS Whistleblower Office will be giving him or her $1.1 million. Unfortunately for the whistleblower, this payout is under older rules that give less money. Today, if you blow the whistle and the IRS recovers over $2 million, you can get up to 30% of the recovered money. According to the whistleblower’s firm, Phillips & Cohen, this person wishes to remain anonymous, but we do know that he or she is a Wall Street banker.
Read more at MSN:http://money.msn.com/tax-tips/post.aspx?post=d776e6a3-2464-43a1-8a97-250b9a875b6a
By Andrew Jack, Financial Times
Published March 11, 2011
Or if you have a FT subscription: http://www.ft.com/cms/s/0/ae7099a0-49bc-11e0-acf0-00144feab49a.html#axzz1GnR32mEN
The Justice Department on Tuesday joined a whistleblower lawsuit against Pfizer and its subsidiary Wyeth Pharmaceuticals that accuses Wyeth of illegal off-label marketing of Rapamune, a drug used to prevent rejection of kidney transplants.
Reuben A. Guttman, lawyer for two former Wyeth employees, predicted that the government action could result in recovery of hundreds of millions of dollars in inappropriate billings to public health programs. Nineteen states, including New York, and the District of Columbia also joined the filing.
“It’s always good to have the government on your side,” Mr. Guttman said.
Ray Kerins, a Pfizer spokesman, said the company had previously disclosed that it was cooperating with a government review of Wyeth’s promotional practices involving Rapamune. Pfizer also disclosed in February that there was a criminal investigation into the marketing.
Complete Story> U.S. Joins Whistle-Blower Suit Against Pfizer-NY Times