Whistleblower Claims for Form 8300 Cash Reporting Failures

The Internal Revenue Service offers rewards to individuals who disclose tax fraud that leads to significant recoveries by the IRS. The IRS whistleblower law provides for two kinds of awards: If the taxes, penalties, and interest are more than $2 million, the whistleblower may be entitled to between 15 and 20% of t...

Stark Law versus the Anti-Kickback Statute

Violations of either Stark Law or the Anti-Kickback Statute are usually grounds for filing a claim under the False Claims Act. Whistleblowers who know of instances where a physician has made referrals based on having a financial interest in the entity which is receiving the referral or know of instances where a doctor ...

What is Stark Law and how does it relate to the False Claims Act?

Stark Law is a set of laws that regulate how and under what circumstances physicians can make referrals. The starting point is the doctors cannot refer a patient to any entity where the doctor (or an immediate family member) has a financial interest in the entity and the entity bills Medicare for any treatments or prod...

Exceptions to Stark Law Violations

While Stark Law violations usually lead to allegations a medical practice, hospital, or health entity also violated the False Claims Act; whistleblowers do need to understand that Stark Law does provide for a number of exceptions. These exceptions are meant to cover situations where a physician or health practice is ac...

The Use and Limits of Confidential Claims When Claims for Harassment Are Made

In 2018, California passed several laws that govern the use of confidential settlement agreements involving workplace harassment. One of these include the following: SB 820 Prior to the effective date of this law, prior California law prohibited provisions in California settlement agreements that prevented the di...

What Conduct Can Lead to Punitive Damages in California?

California Code 3294 provides for punitive damages in cases that don’t involve a breach of contract. A plaintiff can seek punitive damages where there is clear solid evidence that the defendant, such as an employer is guilty of “oppression, fraud, or malice.” Punitive damages are meant to set an example and are a...

Who Qualifies as a Supervisor in Harassment Lawsuits Based on Vicarious Liability?

According to the Equal Employment Opportunity Commission, employers are generally subject to vicarious liability for any unlawful harassment committed by a supervisor “with immediate (or successively higher) authority over the employee.” The federal discrimination laws don’t specifically define the word “sup...

Determining the Amount of Exemplary/Punitive Damages

In California, a claim for punitive damages is broken down into two phases. The first phase is generally the trial to determine the liability of the defendant and the amount of compensatory damages that should be paid. The second phase is the determination of what exemplary/economic damages should be paid. The amoun...

Billionaire Alki David Liable for $50 Million In Punitive Damages in Sexual Battery Lawsuit

The Los Angeles Times reported on December 2, 2019, that Hollywood executive Alki David, a hologram businessman, is required to pay $50 million in punitive damages – after a jury deliberation found he was liable for “battery, sexual battery and sexual harassment against a former employee.” According to legal e...

Automatic Liability for Businesses When Supervisors Commit Harass or Take Discriminatory Conduct against Employees

Liability for harassment by supervisors The EEOC states that, harassment is a pervasive employment problem. There are different types of harassment such as sexual harassment and racial harassment. Employers who commit harassment or who are responsible for the acts of the supervisors or workers can be found liable fo...