Overcharging the government or billing the government for services not provided are some of the well-known ways federal contractors violate the False Claims Act. But providing defective or substandard materials as part of a government contract is also fraud. Defense contractor fraud and government procurement fraud siphon billions away from the more than $1 trillion Congress appropriates every year for the national defense. In the case of contracts to provide equipment for the military or … [Read more...]
Annual False Claims Act Report Shows Success of Non-Intervened Whistleblower Cases
The Department of Justice last month reported its False Claims Act report for fiscal year 2022, highlighting more than $2.2 billion in settlements and judgments, and the second-highest number of settlements in history. But even more revealing were figures that show the importance of non-intervened whistleblower cases. That is, lawsuits filed by whistleblowers under the False Claims Act that federal prosecutors declined to intervene in, leaving the whistleblowers and their attorneys, like … [Read more...]
Supreme Court Will Hear Fraud Loophole Case That Goes to the Heart of the False Claims Act
The Supreme Court will hear arguments this spring about the “biggest threat” the False Claims Act has faced since it was modernized four decades ago. It’s an issue that could undercut the FCA’s ability to hold bad actors accountable and recover taxpayer money—$72 billion and counting since the statute was revamped in 1986. The issue arose from the Seventh Circuit’s decision in U.S. ex rel. Schutte v. SuperValu Inc. nearly two years ago. That ruling defines the FCA’s knowledge of fraud … [Read more...]
Whistleblower 101: How to Report Financial and Securities Fraud
Following the 2008 financial collapse, Congress established incentivized whistleblower programs similar to the qui tam provisions in the False Claims Act, creating powerful new tools for enforcing securities and commodities laws. The Dodd-Frank Wall Street Reform and Consumer Protection Act created whistleblower programs at the Securities and Exchange Commission (SEC) and at the Commodities Futures Trading Commission (CFTC) that started in 2011, when the new regulations enforcing the law took … [Read more...]
Federal Covid Emergency is Ending, But PPP Fraud is Still Being Brought to Light
The federal Coronavirus emergency is set to expire this spring, but the process of clawing back improperly gained funds from pandemic relief efforts like the Paycheck Protection Program continues. The first lender accused of PPP fraud under the False Claims Act settled their case last fall. Prosperity Bank, a regional bank with locations in Texas and Oklahoma, agreed to pay $18,673.50 to resolve allegations it improperly processed a $213,400 PPP loan on behalf on an ineligible customer who … [Read more...]
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