The Utility of Private Law Enforcement: Academic Support from the University of Chicago
THE UTILITY OF PRIVATE LAW ENFORCEMENT — EVIDENCE FROM THE WORLD OF ACADEMIA An article published by two professors at the University of Chicago should be of some interest to readers of this blog. See, Blowing the Whistle: Which External Controls Best […]
Assessment of penalties against parties liable under the Virginia Fraud Against Taxpayers Act and Federal False Claims Act
PENALTIES UNDER THE FEDERAL FALSE CLAIMS ACT AND VIRGINIA FRAUD AGAINST TAXPAYERS ACT It is well known that the Virginia Fraud Against Taxpayers Act–like its counterpart the Federal False Claims Act–provides for treble damages against anyone […]
A Brief History of Qui Tam Litigation Under the Virginia Fraud Against Taxpayers Act
One of my stated purposes in starting this blog was to create interest in the Virginia Fraud Against Taxpayers Act and in qui tam practice in general. In order for statutes such as the Federal False Claims Act and the Virginia Fraud Against Taxpayers Act to achieve their goals, it is necessary to build a public-private
Blog Review and Comments: Lean and Mean Litigation Blog
I recommend everyone interested in this blog check out Stewart Weltman’s Lean and Mean Litigation blog. While it does not address qui tam or false claims practice in particular, its focus on efficient litigation practices is invaluable to those interested in […]
False Claims Corrections Act of 2007 sent to the full Senate
Senate Bill 2041, also known as the False Claims Act Corrections Act of 2007, has received overwhelming bipartisan support from the Senate Judiciary Committee, which has reported it out to the full Senate for consideration. “This is common sense legislation […]
An Open Letter to Bob McDonnell and Ken Cuccinelli (as well as all other Potential 2009 Candidates for Attorney General of Virginia)
Ken Cuccinelli, who has announced his intention to run for Attorney General of the Commonwealth next year, would do well to focus on the Virginia Fraud Against Taxpayers Act.
Qui Tam Practice in Virginia: Filing Under Seal in Virginia Circuit Courts
Qui tam cases under the Virginia Fraud Against Taxpayers Act must be filed under seal. Given that the first case was not filed in Fairfax County until February of 2007, you should not assume that your particular Circuit Court has experience with the statute, and extra precaution should be taken. This posting contains the wisdom I gathered, such as it is, in filing under seal in the Circuit Court for Fairfax County.
The Deficit Reduction Act of 2005 and the Virginia Fraud Against Taxpayers Act: One Year Anniversary
March 13, 2008 marked the one year anniversary of the Virginia Fraud Against Taxpayers Act’s certification under the Deficit Reduction Act of 2005.
LexisNexis and the National Institute for Trial Advocacy (NITA) to publish new practice commentaries on the Federal False Claims Act
LexisNexis will soon be publishing updated Practice Commentaries for the Federal False Claims Act (31 U.S.C.S 3729 et seq). The Practice Commentaries are published as part of a joint project with the National Institute for Trial Advocacy(NITA), and are designed to assist practitioners without prior experience in technical areas of practice.
Qui Tam Practice Example: Documentation of a Qui Tam Claim is not to be taken lightly by potential relators
Potential qui tam relators under the Virginia Fraud Against Taxpayers Act or the Federal False Claims Act should be aware of the risks inherent in blowing the whistle. The recent Virginia case of JDS Uniphase v. Jennings, 473 F.Supp.2d 697 (E.D.Va. 2007)makes it clear that there are risks involved.