If the Whistleblower Needs an Expert Witness to Advance a Qui Tam, there’s a Problem.

People misunderstand expert witnesses.  I run into this problem all day long and am forever explaining to a client or some other well-meaning finance industry professional the very limited circumstances in which the hire of an “expert witness” make sense … Continue reading

But is it a “Material” Violation?

Some whistleblowers don’t understand they must allege material violations to qualify for a qui tam award.  They reason that any violation is enough.  It’s not that simple.  Some violations are relatively benign.  Those types of violations won’t adequately fuel a … Continue reading

Hoo Boy! Can’t Wait for the CFE Conference at John Jay!

Tom Borgers is putting together a conference for Certified Fraud Examiners.  It’s scheduled for June 14, 2013, and will be held at John Jay College of Criminal Justice, which is part of the City University of New York.  I’m a … Continue reading

Zaring Draws Fire for Criticizing the SEC Whistleblower Program

  David Zaring, an assistant professor of legal studies at the Wharton School of Business, wrote an article for the New York Times saying he had “second thoughts” about the SEC’s whistleblower program.  Leading qui tam advocates say Zaring misunderstands … Continue reading

Whistleblower Hurdles – Scheme Complexity

  Whistleblowers often develop their awareness of government fraud schemes over years. For me, I first had some nagging questions about what was going on; then, I studied those around me and formed a hypothesis.  I then watched for a … Continue reading

SCOTUS Admission Pending – Kind of excited.

I found out on Tuesday that I am on track to be admitted to practice before the Supreme Court of the United States.  The ceremony should take place on June 10th in DC.  I am kind of excited.  My husband … Continue reading

What’s Wrong with Financial Incentives Anyway?

The history of qui tam actions has been shaped largely by fears of the “parasitic” relator.  People are endlessly concerned that whistleblowers will somehow take advantage of the government and obtain a financial reward that the whistleblower doesn’t deserve. After … Continue reading

The Newest Qui Tam Program – Commodity Futures Trading Commission

Yesterday, I had a chance to visit with folks at the Commodity Futures Trading Commission, and I realized that the CFTC’s new whistleblower program is probably the one that gets the least attention. The CFTC whistleblower program and that of … Continue reading

Forget the Perry Mason Fantasies: It Just Doesn’t Work That Way

Whistleblowers often have fantasies about a dramatic courtroom exchange with the defendant.   I have to break the news that things are not going to happen the way they visualize.  There isn’t going to be any sort of Perry Mason moment.  … Continue reading

Focus on Defendants’ Wrongdoing against Government & Shareholders, not Against You.

The biggest problem that I have when dealing with inquiries about whistleblower rewards is getting the whistleblower to focus on what the potential defendant did to defraud the government and/or the shareholders.  The whistleblower would rather talk about what the … Continue reading