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UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.
Civil False Claims and Qui Tam Actions is an essential weapon for bringing or defending a qui tam action. This Fourth Edition, two-volume treatise provides comprehensive analysis of The Civil False Claims Statute and a balanced approach to every important aspect of case preparation and litigation -- from establishing the merits of a whistleblower claim to determining the formula for arriving at the qui tam plaintiff's award. Civil False Claims and Qui Tam Actions, frequently cited by the courts, is clearly and concisely written to: walk you, step-by-step, through each phase of case preparation, from the perspective of both plaintiff-relator and whistleblower defendant spell out the unique procedural requirements in a civil false claims action -- from the applicability of statute of limitation rules to the scope of discovery under a andquot;civil investigation demandandquot; by the federal government explain how to draft a whistleblower complaint collect, organize and interpret the controlling case law direct you to the relevant statutory whistleblower provisions, rules and regulations that apply to the issues under discussion analyze the legislative history of The False Claims Act and explains why it is essential to the success of a prosecutor's or defense's cause of action and alert you to emerging trends in civil false claims and qui tam actions For the best guidance on how to bring or defend a qui tam action, consult the civil false claims specialist - John T. Boese. John T. Boese is an expert author and litigation partner in the Washington, DC law office of Fried, Frank, Harris, Shriver andamp; Jacobson. with more than 25 years of experience in civil fraud cases, both as a former DOJ attorney and as defense counsel. In a clear and straightforward manner, he offers his expert analysis of recent developments on: The Supreme Court's decision on andquot;original sourceandquot; in Rockwell The recent trend by state legislatures to enact false claims laws that mirror the federal law. The andquot;presentmentandquot; requirement Corporate liability under The Civil False Claims Act Interpreting the public disclosure bar and original source requirement Challenges to sufficiency of FCA complaints under Rule 9(b) The Civil False Claims Act has captured the attention of any organization doing business with the federal government, for very good reasons: Virtually any person that receives, spends or uses federal money may be liable under The Civil False Claims Act. Private individuals, including employees can be whistleblowers on contractor fraud by bringing a qui tam lawsuit on behalf of the federal government - and receive up to 30% of any judgment or settlement. The courts have upheld highly creative claims brought under The Civil False Claims Act. Don't get lost in the maze of changing, complicated, and confusing qui tam provisions, whistleblower rules, and civil false claims regulations!
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
False Allegations: Investigative and Forensic Issues in Fraudulent Reports of Crime provides investigators and forensic examiners with a reference manual comprised of objective protocols for managing cases. It helps them understand the nature and extent of false allegations to more accurately identify false allegations should they present in casework. It also prepares users on how to confront and explain false allegations, including instances where colleagues and supervisors may be steeped in bias, denial or self-interest. Responding law enforcement agencies have a duty of care to investigate all reported crime, to recognize and uncover false allegations, and prevent them from causing harm to the innocent. Failure to do so can result in miscarriages of justice. When law enforcement fails in their duty of care, they are also exposed to civil liability from those that have been falsely accused. Presents a first of it’s kind forensic textbook on a subject that has been highly politicized Written by qualified investigative and forensic professionals who work cases and give expert testimony Offers applied protocols to conduct forensic investigations and evaluations, including red flags Based on the most recent scientific research, practice and protocols Includes extensive case examples used to augment a variety of different false report models
The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law which protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This report provides a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act, P.L. 110-326. Extensive appendices. This is a print on demand publication.
Stepped-up efforts to ferret out health care fraud have put every provider on the alert. The HHS, DOJ, state Medicaid Fraud Control Units, even the FBI is on the case -- and providers are in the hot seat! in this timely volume, you'll learn about the types of provider activities that fall under federal fraud and abuse prohibitions as defined in the Medicaid statute and Stark legislation. And you'll discover what goes into an effective corporate compliance program. With a growing number of restrictions, it's critical to know how you can and cannot conduct business and structure your relationships -- and what the consequences will be if you don't comply.
"A call to arms and to action, for anyone with a conscience, anyone alarmed about the decline of our democracy." — New York Times-bestselling author Wendell Potter "Powerful...His extensively reported tales of individual whistleblowers and their often cruel fates are compelling...They reveal what it can mean to live in an age of fraud." — The Washington Post "Tom Mueller's authoritative and timely book reveals what drives a few brave souls to expose and denounce specific cases of corruption. He describes the structural decay that plagues many of our most powerful institutions, putting democracy itself in danger." —George Soros A David-and-Goliath story for our times: the riveting account of the heroes who are fighting a rising tide of wrongdoing by the powerful, and showing us the path forward. We live in a period of sweeping corruption -- and a golden age of whistleblowing. Over the past few decades, principled insiders who expose wrongdoing have gained unprecedented legal and social stature, emerging as the government's best weapon against corporate misconduct--and the citizenry's best defense against government gone bad. Whistleblowers force us to confront fundamental questions about the balance between free speech and state secrecy, and between individual morality and corporate power. In Crisis of Conscience, Tom Mueller traces the rise of whistleblowing through a series of riveting cases drawn from the worlds of healthcare and other businesses, Wall Street, and Washington. Drawing on in-depth interviews with more than two hundred whistleblowers and the trailblazing lawyers who arm them for battle--plus politicians, intelligence analysts, government watchdogs, cognitive scientists, and other experts--Mueller anatomizes what inspires some to speak out while the rest of us become complicit in our silence. Whistleblowers, we come to see, are the freethinking, outspoken citizens for whom our republic was conceived. And they are the models we must emulate if our democracy is to survive.