Archives: Whistleblower

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Does Dodd-Frank Act Protect Whistleblower Who Did Not Report to SEC?

Whether a claimant qualifies as a whistleblower under the  language of the Dodd-Frank Act when he  does not complain directly to the SEC is  the question the Eighth  Circuit Court of Appeals in St. Louis may attempt to answer. Securities clearing and settlement firm COR Clearing LLC has appealed a Nebraska District Court’s denial of … Continue Reading

Dodd-Frank Whistleblower Provision Proving Fertile Breeding Ground for Whistleblowers

In a securities filing on May 1, 2014, it was announced that Avon Products, Inc. had reached a $135 million settlement with the Securities and Exchange Commission (SEC) and the Department of Justice. The $135 million in fines will be paid to the SEC and the DOJ by Avon to resolve violations under the Foreign … Continue Reading

DOJ Settlement Yields Nice Change for Whistleblowers

Agreeing to pay a total of $15.5 million, a diagnostic imaging company has settled with the Department of Justice under the False Claims Act for allegedly submitting claims to Medicare for services never completed. Claims purportedly were made to federal Medicare and to New York and New Jersey Medicaid Programs for CT scans and other … Continue Reading

For Business: World Bank’s Anti-Corruption Ethics and Compliance Resource

An effective anti-corruption program is important for any company covered by Foreign Corrupt Practices Act (“FCPA”), which bars American companies from bribing officials overseas. The World Bank and its partners have released the “Anti-Corruption Ethics and Compliance Handbook for Business,” billed as a new resource developed by companies, for companies. (Available at http://www.oecd.org/g20/topics/anti-corruption/anti-corruption-ethics-and-compliance-handbook-for-business.htm.) The Handbook … Continue Reading

SEC Argues for Broad Construction of Dodd-Frank Act Whistleblower Anti-Retaliation Provision

In the wake of recent SEC pronouncements about huge numbers of whistleblower complaints in the pipeline, one of the most hotly contested issues under the Dodd-Frank Wall Street Reform and Consumer Protection Act “Dodd Frank Act”) has been the question of whether the Dodd Frank Act’s whistleblower anti-retaliation provision protects only those individuals who report … Continue Reading

New York Rolls Out Internal Governance Requirements for Non-Profits

Beginning July 1, 2014, New York State will require non-profit organizations to institute certain internal governance controls. The Non-Profit Revitalization Act (N.Y. N-PCL §§ 715-a, 715-b (2014)) imposes new requirements on whistleblower and conflict of interest policies, as well as financial reporting and audit procedures. The required whistleblower policy, designed to promote an employer’s zero … Continue Reading

Hospital System Agrees To Pay $85 Million To Resolve Alleged False Claims Act Violations

Continuing a trend we reported in January 2014, the U.S. Department of Justice announced another multi-million dollar settlement of alleged False Claims Act (“FCA”) violations.  In this case, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) agreed to pay $85 million to resolve allegations that they violated the False Claims Act by submitting … Continue Reading

5th Circuit Skirts Extraterritoriality Issue Under SOX

The U.S. Court of Appeals for the Fifth Circuit in Villanueva v. Core Laboratories, NV recently held that an individual employed by a foreign subsidiary of a publicly traded company did not engage in protected activity under the Sarbanes-Oxley Act because his complaints focused on violations of Colombian law, not violations of any of the … Continue Reading

Stealing Confidential Documents Not Excused under New Jersey Law, Regardless of Purpose

Upholding a criminal indictment of theft and official misconduct against a former Board of Education clerk, a New Jersey appeals court has warned potential whistleblowers that individuals pursuing anti-discrimination actions against employers must act within the law. In State of New Jersey v. Saavedra, 2013 N.J. Super LEXIS 185, (December 24, 2013), a Board of … Continue Reading
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