Whistleblowers play a critical role in uncovering corporate and government fraud; however, many potential whistleblowers fear retaliation from their current or former employer. This article outlines the legal protections afforded to whistleblowers to prevent retaliation and encourage them to come forward. What Constitutes Retaliation Under Whistleblower and Employment Law? Retaliation occurs when an employer fires a whistleblower or takes any adverse action after they report prohibited conduct. Adverse action includes…
Recent False Claims Act (โFCAโ)ย settlementsย demonstrateย the effectiveness of the Department of Justiceโsย (โDOJโ)ย Civil Cyber-Fraud Initiative,ย holdingย accountable forย misrepresentingย cybersecurity controls. Georgiaย Techย Research Corporationโs $875,000 settlement is the latest inย thisย growing trend.ย Miller Shah LLPย representsย whistleblowers in cybersecurity and government contracting fraud, helpingย ensureย digital security failuresย do notย put sensitiveย governmentย data at risk. What is theย Civil Cyber-Fraud Initiative? The DOJย launched theย Civil Cyber-Fraudย Initiativeย in October 2021ย to pursueย cybersecurity-related fraudย under the FCA.ย This initiativeย combinesย the DOJโsย expertiseย in civil fraud enforcement, government procurements, and cybersecurity to combatย the growing threats toย essential cyber infrastructure…
Two Florida men have been chargedย in a $34.8 million Medicare fraud scheme that exploitedย vulnerableย beneficiaries and billed for medically unnecessary services. The case is part of theย Department of Justiceโsย (โDOJโ)ย intensified efforts to combat healthcare fraudย โ an area where Miller Shah LLP activelyย representsย whistleblowers under the False Claims Actย (โFCAโ). Key Allegations in this $34.8 Million Medicare Fraud Scheme Theย indictmentย reveals that two Florida men were charged for theirย allegedย roles in a scheme toย submitย approximately $34.8 million in…
Whistleblowers play a critical role in uncovering corporate and governmentย fraud;ย however,ย manyย potentialย whistleblowersย fear retaliation from their currentย or formerย employer.ย Thisย articleย outlines theย legal protections that areย afforded toย whistleblowers toย preventย retaliation and encourageย them toย come forward. Whatย Constitutesย Retaliationย Underย Whistleblower andย Employmentย Law? Retaliation,ย in the contextย ofย whistleblower and employment law,ย occurs whenย an employerย firesย a whistleblowerย or takesย any adverse actionย after they blow the whistleย onย prohibitedย conduct. Adverse actionย includesย butย isย notย limitedย to:ย Firing or laying off Demoting Denying overtime or promotion Disciplining Denying benefits Failing to hireย or rehire Intimidation or harassment Making threats Reassignment to a less…
Onย September 19, 2025, the Department of Justice (โDOJโ)ย announced that Robert Desselle, a healthcare marketer from Sarasota, FL, was convicted on charges of fraudulently billing $11.5 million in false claims to Medicare. As part of the sentencing, Desselle was sentenced to 57 months in prison and ordered to pay $4.5 million in restitution and forfeit the $2.1 million of his own personal proceeds. The scheme was exposed as part of an…
What is PPP Loan Fraud? In the heat of the Covid-19 pandemic, the U.S. Congress passed the Coronavirus Aid, Relief, and Economic Security Act, more widely known as theย CARES Act, to provide emergencyย assistanceย and health care response for individuals, families, and businesses affected by the pandemic. Theย Actย establishedย theย $953 billionย Paycheck Protection Programย (โPPPโ) to allow afflicted entities to apply for low-interest private loans to cover payroll, rent, andย additionalย costs. An approved PPP loan provided the…
Semler Scientific and Bard Peripheral Vascular Pay $37 Million to Resolve Medical Device Fraud Allegations Semler Scientific Inc. (โSemler Scientificโ) and Bard Peripheral Vascular Inc. (โBard Inc.โ) have agreed to pay nearly $37 million to settle allegations that they violated the False Claims Act (โFCAโ) by promoting medical devices that were not eligible for Medicare reimbursement as if they met coverage and billing requirements. The case highlights how whistleblowers continue…
According to the Senior Medicare Patrol, Medicare loses an estimated $60 billion every year to fraud, errors, and abuse. From telehealth billing scams to genetic testing fraud, DME schemes to PBM misconduct, and other unlawful schemes, Medicare fraud is a seriousโand seriously expensiveโissue that affects all taxpayers. The scale of this waste highlights the critical role of the False Claims Act and whistleblowers in protecting the integrity of federal programs…
Illumina Inc. (โIlluminaโ) will pay $9.8 million to resolve allegations that it violated the False Claims Act (โFCAโ) by selling DNA sequencing tools to federal agencies without meeting Government-mandated security standards. The case reflects a growing practice by the Department of Justice (โDOJโ) to hold contractors accountable for cybersecurity failures using the FCA, and highlights the critical role of whistleblowers in exposing such security cybersecurity risks. Allegations of Cyber Fraud…
Under the False Claims Act, whistleblowers who come forward with information regarding fraud against government programs can receive monetary rewards.ย These rewards seek to incentivize anyone with inside information regarding fraud against the government to come forward and shed light on unlawful activity by filing a qui tam lawsuit. What is the History of the False Claims Act? Enacted in 1863 during the American Civil War, the False Claims Act…
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