Whistleblowers are gaining national (and even international) attention and traction. This panel will address how to identify potential whistleblower claims that implicate whistleblower reward programs, including the False Claims Act, and the whistleblower reward programs of the SEC, CFTC, and IRS.
How to identify False Claims Act claims
How to identify whether a client has potential claims under the SEC, IRS, and CFTC whistleblower reward programs
Why whistleblowers are critical for keeping Corporate America honest
What do whistleblowers need to consider before blowing the whistle?
Are whistleblowers protected from retaliation? In what context?
What is the impact to an individual’s career from being a whistleblower?
When can a whistleblower remain anonymous and when can they not?
What’s in it for whistleblowers? There are numerous whistleblower reward programs
What are the risks and rewards?
Do the risks outweigh the potential financial incentives?
Whether to file FCA claims, including retaliation claims, along with other claims, including employment claims (strategies, pros and cons)
Renée Brooker and Eva Gunasekera are Partners at boutique law firm Tycko & Zavareei LLP in Washington, D.C. and represent whistleblowers in Qui Tam investigations and litigation under the False Claims Act and other whistleblower-reward programs of the SEC, CFTC, and IRS.
Renée is the former Assistant Director for Civil Frauds at the Justice Department (2002-2017). At the Justice Department, she had oversight for hundreds of settlements and judgments involving whistleblower cases, with nearly $6 billion in False Claims Act and FIRREA recoveries. Renée was an architect of financial fraud cases under President Obama’s Financial Fraud Enforcement Task Force. Renée and a team of prosecutors obtained a successful civil RICO verdict against the tobacco industry after a 9 month trial for 50 years of lying to the American public about the harmful effects of smoking. Renée’s 28 years of expertise cuts across all industries: pharmaceutical, health care (hospice, nursing, ambulance, medical device, laboratories, provider practice groups, specialists, doctors, nurses, hospitals), defense, financial services, insurance, tobacco products, higher education and for-profit schools. She received numerous Justice Department awards, including the Attorney General’s highest award for fraud prevention.
Eva is the former Senior Counsel for Health Care Fraud at the Department of Justice. In this role, Eva coordinated cases, policy, and training in health care fraud investigations and prosecutions, and enforced federal laws aimed at deterring fraud, including the Stark and Anti-Kickback laws, and the False Claims Act. She has extensive experience investigating, litigating, and resolving whistleblower cases involving the fraudulent practices of pharmaceutical manufacturers, health care providers, hospitals, physicians, physician groups, laboratories, managed care providers, pharmacies, hospice and nursing home providers, government suppliers, and defense contractors. Eva also worked closely with criminal prosecutors in cases involving parallel criminal proceedings. She was a lead counsel on a several-month trial involving a large health care provider, one of the most complex False Claims Act whistleblower trials in recent history. Prior to her Government service, Eva worked at two international law firms handling commercial litigation.
*The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hour toward your annual CLE requirement for the State Bar of Arizona, including 0.0 hour of professional responsibility.
Scottsdale Bar members are invited to join this event for free. Non-members may register for this event for $10.
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