Alan J. Bozer, Joanna J. Chen Co-Author When the Whistle Blows in the White Collar Corner Section of The Daily Record

Posted Feb 1, 2019

White Collar Corner: When the Whistle Blows

Imagine the scenario: You are in-house counsel for an organization, and you receive reports that government agents have contacted multiple employees at their personal residences. The U.S. Department of Justice then issues a subpoena to investigate po­tential False Claims Act (FCA) claims. You have good reason to suspect the claims have been brought forward by a suspected whistleblower in your organi­zation. How do you respond?

Background

The federal FCA is the U.S. gov­ernment’s “primary litigative tool for combatting fraud.” S. Rep. No. 99-345, at 2 (1986). Broadly, the FCA permits any private citizen acting as a private attorney general to bring a civil action against any person who “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” to the federal govern­ment. 31 U.S.C. § 3729(a)(1)(A). New York State also has its own FCA, which mirrors the federal FCA.

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