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whistle blower 189 articles

OSHA orders back pay, damages, and job reinstatement to railroad employee

Burlington Northern Santa Fe (BNSF) LLC, the second-largest freight railroad network in North America, retaliated against a North Dakota worker in December 2013 for reporting a work-related injury and submitting a physician’s treatment plan to his employer, the Occupational Safety and Health Administration (OSHA) concluded in an investigation. OSHA ordered Fort Worth, Texas-based BNSF to pay the worker more than $30,000 in back wages and damages and to take other corrective actions. The former employee submitted a whistleblower complaint to OSHA alleging BNSF violated the anti-retaliation provisions of the Federal Railroad Safety Act, which prohibit employers from retaliating against workers who ... Read More

Preparation is key to a successful whistleblower case

Fraud, abuse, mismanagement, and other forms of wrongdoing are all too common in both the private and public sectors of society these days – an unfortunate fact that elevates the role of the whistleblower in the fight against misconduct and corruption. With lawyers seeing more and more potential whistleblower cases pour in, it’s vital that whistleblowers properly document and state their case before taking it to a lawyer for review. After whistleblowers select experienced and competent legal counsel for their False Claims Act case, they should prepare a concise and well documented “pitch.” The Taxpayers Against Fraud (TAF) Education Fund ... Read More

Montgomery, Ala., whistleblower files second retaliation lawsuit against Infosys  

MONTGOMERY, Ala. — A Montgomery, Ala., man who sued his Bangalore, India-based employer, Infosys, in 2011, alleging he suffered through harassment, isolation, abuse, and even death threats after he blew the whistle on the company’s fraudulent visa practices, has filed a new wrongful termination lawsuit seeking compensation and reinstatement to his job. Jack Palmer, a former software project manager for Infosys, filed his first lawsuit against the company in 2011. In that suit, Mr. Palmer claimed that he suffered harassment and other forms of harsh backlash after he complained of the company’s visa practices through the proper internal channels. Specifically, ... Read More

TSA whistleblower enjoys widespread support as case moves to Supreme Court

Federal agencies should not be allowed to dodge whistleblower protections by adapting rules prohibiting the disclosure of certain information, the Office of Special Counsel (OSC) advised the U.S. Supreme Court in a brief Monday. The brief was filed in support of Robert MacLean, a former Transportation Security Administration (TSA) air marshal who was fired in 2006 after blowing the whistle on the agency’s plans to stop placing air marshals on long-distance flights amid heightened terrorist threats to air travel. The Supreme Court is expected to hear oral arguments in the case starting November 4. In April 2013, a Federal Circuit ... Read More

Judge tosses whistleblower allegations against medical device maker

A Massachusetts federal judge rejected a whistleblower’s lawsuit Tuesday against Ireland-based Covidien’s subsidiary ev3 inc., accusing the company of promoting a blood-blocking surgical device for off-label purposes and other misconduct. Former ev3 salesman Jeffrey D’Agostino filed the lawsuit under the qui tam, or whistleblower, provisions of the False Claims Act against ev3, executive salesman Brett Wall, and Vice President of Sales and Global Marketing John Hardin. Mr. D’Agostino sued on behalf of the U.S. government and 26 states. U.S. District Judge Richard Stearns rejected Mr. D’Agostino’s lawsuit citing weak allegations and insufficient evidence. The lawsuit accuses ev3 of submitting false ... Read More

Whistleblower gets $300,000 award for providing tips to SEC

The Securities and Exchange Commission (SEC) has awarded a whistleblower $300,000 for exposing wrongdoing within a securities company. According to the SEC’s Office of the Whistleblower, the employee had audit and compliance functions within the company. The employee reported the misconduct to company supervisors repeatedly, but they failed to take appropriate action to correct the situation. The award is the first the SEC has given to a whistleblower with an audit and compliance role within a company. It comes amid a national debate on whether employees whose jobs involve monitoring company activity for regulatory and legal compliance should be permitted ... Read More

CVS Caremark to pay $6 million to settle whistleblower allegations of Medicaid false claims

Caremark LLC, a pharmacy benefit management giant operated by CVS Caremark Corporation, will pay the U.S. $6 million to settle allegations brought by a whistleblower under the False Claims Act that the company knowingly defrauded federal and state Medicaid programs by failing to reimburse the taxpayer-funded programs for drug expenses that should have been paid by the private insurer. Individuals who are covered by both Medicaid and a private health plan are classified as “dual eligible.” U.S. law mandates that the private insurer, rather than taxpayer-funded government programs, must assume the costs of health care for dual eligible beneficiaries. Should Medicaid erroneously ... Read More

Shire settles whistleblower allegations of improper drug marketing for $56.5 million

Shire Pharmaceuticals has agreed to pay the U.S. $56.5 million to settle two whistleblower lawsuits filed by former employees of the company who alleged the company illegally marketed several drugs for unapproved, off-label purposes and then billed Medicare, Medicaid, and other taxpayer-funded health care programs for them. Dublin, Ireland-based Shire operates in the U.S. out of its facility in Wayne, Penn. The company makes and markets Adderall XR, Vyvanse, and Daytrana, which are approved for the treatment of attention deficit hyperactivity disorder (ADHD), and Pentasa and Lialda, which are approved for the treatment of mild to moderate ulcerative colitis. The ... Read More

Whistleblower gets nearly $I million for exposing potentially deadly Army Humvee fraud

A Minnesota whistleblower who warned his employer, M.K. Battery, and the U.S. Defense Department of a battery change in Humvee vehicles that could have deadly consequences for U.S. combat soldiers has won nearly $1 million in a $5.5-million settlement. David McIntosh, 49, worked as a regional sales representative for M.K. Battery when he repeatedly tried and failed to get his superiors to inform the U.S. Army about a battery change that drastically reduced the life expectancy of the power sources controlling gun turrets on the Humvee. With his concerns falling on deaf ears, Mr. McIntosh contacted the Defense Department directly ... Read More

SEC announces record $30 million whistleblower reward

The U.S. Securities and Exchange Commission (SEC) said Monday that it will pay a whistleblower more than $30 million for providing the agency with original information that was key in helping secure a successful enforcement action and recovery. The award is the largest ever the SEC has paid to a foreign whistleblower and is the fourth award the regulator has paid to a whistleblower in a foreign country, demonstrating the international reach of the SEC’s Office of the Whistleblower since it opened in July 2010. “This whistleblower came to us with information about an ongoing fraud that would have been ... Read More