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Category Archives: Newsletters

Jonathan Tycko receives “Go-To Thought Leader” Award from National Law Review for his writings and thought leadership on the False Claims Act

The National Law Review’s “Go-To Thought Leadership Awards” recognizes 71 exceptional legal authors in practice areas ranging from Aviation Law to the SBA’s Paycheck Protection Program Implementation. Award recipients are selected from a pool of over 20,000 legal news articles published by the National Law Review (NLR) in 2020. Those honored wrote relevant, consistent and well-thought-out […]

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Two Former Senior Department of Justice Prosecutors Join Tycko & Zavareei LLP to Enhance Whistleblower Practice

Renée Brooker and Eva Gunasekera, former prosecutors in senior leadership positions at the United States Department of Justice’s Civil Fraud Section (DOJ), have joined boutique law firm Tycko & Zavareei LLP ( as Partners, and will represent whistleblowers in Qui Tam litigation under the False Claims Act and whistleblower-reward programs of the SEC, CFTC, and IRS.  The combination […]

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Court Upholds Doctor’s Health Care Fraud Conviction For Performing Medically Unnecessary Procedures

A federal appellate court recently upheld the conviction of a Maryland cardiologist who was charged with health care fraud for performing coronary stent procedures-the insertion of small tubes, known as stents, in coronary arteries-when the procedures were not medically necessary. The opinion, United States v. McLean, 715 F.3d 129 (4th Cir. 2013), clarifies when a […]

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The False Claims Act During Times of War: Is There Any Time Limit For Bringing Suit?

A federal appellate court recently ruled that, at least for the moment, claims under the False Claims Act (“FCA”) are not subject to any statute of limitations. The United States Circuit Court for the Fourth Circuit, in U.S. ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013), relied on an obscure federal […]

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FIRREA and FIAFEA: A Novel Approach To Protecting Financial Institutions From Themselves

In a matter of first impression, Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York ruled that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) not only prohibits fraud perpetrated by a third party that harms a financial institution, but also renders unlawful fraudulent conduct committed […]

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Top 10 Whistleblower Settlements of 2012

In 2012, the largest health care fraud settlement in U.S. history, as well as the largest payment ever by a drug company, was announced. Pharmaceutical giant GlaxoSmithKline agreed to a $3 billion settlement to resolve both criminal and civil allegations surrounding its promotion of prescription drugs, its failure to report safety data about some of its drugs, and its false drug reporting practices.

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The Residential Mortgage-Backed Securities Working Group: What Is It? What Does It Do? What Has It Done?

On January 27, 2012, Attorney General Eric Holder announced the creation of the Residential Mortgage-Backed Securities (RMBS) Working Group. The Working Group is part of President Obama’s Financial Fraud Enforcement Task Force, which was established in 2009 as an interagency effort to strengthen the Government’s ability to combat financial crime. The Working Group is intended to bring together the Department of Justice, state attorneys general, and other federal agencies to investigate misconduct that contributed to the 2007-2008 financial crisis through the packaging and sale of RMBS.

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Underbidding By Government Contractors Can Give Rise To Whistleblower Lawsuits Under The False Claims Act

In a groundbreaking case of first impression, the United States Court of Appeals for the Ninth Circuit decided Hooper v. Lockheed Martin Corp. on August 2, 2012, reversing the lower court and holding that cost estimates submitted by government contractor Lockheed Martin Corp. (“Lockheed”) could be “false claims” for purposes of the federal False Claims Act.

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