False Claims-Qui Tam News

William Barr Attorney General nominee William Barr this morning committed to “diligently uphold” the False Claims Act during a Senate Judiciary Committee hearing on his nomination.

Under questioning from Sen. Chuck Grassley, Barr said the constitutionality of the law has been upheld by the Supreme Court.

Grassley asked: “If confirmed do you commit to not take action to undermine the False Claims Act? Further if confirmed will you continue Justice department staff and funding levels to to properly pursue and and prosecute cases under the FCA?”

Barr: “Yes, I will diligently enforce the False Claims Act.”


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While serving as Assistant Attorney General under the first President Bush, William Barr took aim at the whistleblower provisions of the False Claims Act.

Whistleblower Lawyer Stephen M. Kohn
      Stephen Kohn

Now President Donald Trump’s Attorney General nominee, Barr stood alone among top Justice Department officials in vehemently opposing” the provisions,  Stephen M. Kohn, a partner in the firm Kohn, Kohn and Colapinto writes in the January 13 issue of The Hill.

“Although his arguments against the False Claims Act have long been discredited, his underlying reasoning reveal a deep-seated animus against whistleblowers,” Kohn writes.

The National Whistleblower Center has issued an “Action Alert,” calling on supporters to contact members of the Senate and urge them to Question Barr on his prior anti-whistleblower positions :


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Is the False Claims Act an “abomination”? Are whistleblowers “bounty hunters”? That’s what Attorney General nominee William Barr said during in a 2001 interview conducted at the University of Virginia’s Miller Center. Now, a group of advocates, academics and attorneys has asked U.S. Senate Judiciary Committee Chairman Chuck Grassley to find out if Barr still feels that way after 18 years.

Committee hearings on Barr’s nomination begin on January 15.
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Despite Slowdown in Prosecution, Whistleblowers Continue to Play the Critical Role in Detecting Fraud. In statistics published this week by the U.S. Department of Justice, the U.S. government’s recoveries under the False Claims Act (“FCA”) hit their lowest mark since 2008, the last year of President Bush’s administration.  
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Frederic-Whistehurst-FBI-whistleblowerIn a new Trailblazers podcast episode titled Forensics: Who’s on the case, Walter Isaacson delves deep into the history of forensic fraud cases. The show details three stories of victims wrongly accused by criminal investigators and faulty forensic practices. What does history teach us about the validity of forensic technology?

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Alex-Sasha-Chepurko-whistleblower-interview
Whistleblower on CBS show

On Friday, August 31, CBS News will air a segment featuring biofuels fraud whistleblower, Alex “Sasha” Chepurko on the season finale of Whistleblower.  The episode, Case of “THE 100 Million Dollar Scam”, details Chepurko’s incredible story of blowing the whistle on a nationwide biofuels scam.
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Dr. Aaron Westrick, Second Chance Body Armor whistleblower gives speech on National Whistleblower Day.Tonight, CBS News will air a special one hour broadcast on Dr. Aaron Westrick, the whistleblower who exposed unsafe bullet proof vests sold to hundreds of local police departments, the U.S. military and Secret Service.  The show, Whistleblower, will highlight Dr. Westrick’s 14-year qui tam lawsuit against the manufacturers of faulty bulletproof vests made with the fabric Zylon. Westrick was represented by qui tam attorney Stephen M. Kohn founding partner in Kohn, Kohn & Colapinto, a law firm which primarily litigates qui tam actions. Kohn also serves as the pro bono Executive Director of the National Whistleblower Center.
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medical-stethoscope-blue-pen-paper-medicare-fraudIn a recent interview with the AARP, Attorney General Sessions took a strong stance against Medicare fraud and empowering Medicare whistleblowers. Sessions stated that it’s time to consider taking Medicare fraud as seriously as the war on drugs (certainly an issue Attorney General Sessions believes to be of paramount importance).

Medicare fraud is a serious issue. It is estimated that 10% of Medicare funds are lost to fraud and waste, totaling approximately $16.2 billion. This suggests that billions of dollars, which should be directed to funding health care for our seniors, are instead going to fraudsters taking advantage of American taxpayers and the elderly.


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Attorney General Sessions Condemns Companies That Sell Defective Equipment to First Responders

The U.S. Department of Justice issued a press release late today announcing a settlement in a 13-year long False Claims Act case. Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo U.S.A. Inc., f/k/a Toyobo America Inc. (collectively, Toyobo), have agreed to pay $66 million to resolve claims under the False Claims Act that they sold defective Zylon fiber used in bullet proof vests that the United States purchased for federal, state, local, and tribal law enforcement agencies. 
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A January 10th memo released by the Department of Justice states that attorneys should consider dismissing “meritless” and “parasitic” whistleblower cases filed under the False Claims Act (FCA). The FCA allows citizens to sue on the government’s behalf, should they report evidence of waste, fraud, or abuse of taxpayer dollars. Whistleblowers (called “relators” in this context), who file qui tam lawsuits under the FCA, are eligible to receive monetary rewards from the funds recovered.

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