Floyd Landis' Whistleblower Lawsuit Against Lance Armstrong and Others

I’m sure you have heard about the whistleblower lawsuit initiated by Lance Armstrong’s former teammate, Floyd Landis, but if not, where have you been? In this suit Landis has targeted several others that were part of the U.S. Postal Service team for being a part of or knowing of teammates using banned substances for performance enhancement.


This case has been in judicial seal for more than 2 ½ years now. The U.S. Justice Department had a deadline of Thursday January 17, 2013 to decide whether or not to be a part of Landis’s case. Yet, sources were led to believe they had asked for an extension to decide. After many years of speculation, in a 2013 interview, Armstrong finally admitted to Oprah Winfrey that he used banned substances throughout his entire cycling career.


Landis was on the US Postal Service Team with Armstrong from 2002 through 2004. In his lawsuit, he explains in detail how he and the others used (or were at least aware of the use of) banned substances and were blood doping from their hotel rooms, on team buses and in private apartments.


If all goes according to Landis’s plan and the case settles, he would receive 15-25 percent of the settlement if the U.S. Justice Department decides to participate. Or, he would get 25-30 percent of the settlement if the plaintiff goes through with the lawsuit privately, as per the whistleblower law. The insider or whistleblower, the person that comes forward to the authorities on illegal activity, can benefit financially, even if he/she was party to the fraud, as long as he/she was not the mastermind.

Whistleblower Awarded $104 million by IRS

Just this past year Bradley C. Birkenfeld, a former banker for UBS, completed his two and a half years in prison for conspiring with a wealthy California developer. They tried to cheat their United States taxes and got caught.
The Internal Revenue Service (IRS) has acknowledged that the information Birkenfeld provided was very helpful. Birkenfeld has been awarded $104 million for whistleblowing and revealing the secrets of the Swiss banking system.  With the revelation of these secrets, the IRS has uncovered more than 4,500 American clients the UBS had. In addition, the bank paid $780 million in 2009 to avoid criminal prosecution. Yet, this program of rewarding whistleblowers hasn’t always been applauded and still has its group of people that don’t agree with it.
There was also a lot of buzz that said if they discontinued giving whistleblowers a reward, it would scare off other potential informants. Despite all that, the law strengthened in 2006, and there have been hundreds of claims alleging tens of billions of dollars in tax evasion. 
Michelle Eldridge, spokeswoman for the tax department, said the whistleblower statute is a very valuable tool to fight noncompliance. 
Senator Charles E. Grassley, of Iowa, who helped write the whistleblower law says the award is an important step and urged the IRS to  issue these awards in a timely manner to continue receiving the help of those whistleblowers and keep the law breaking to a minimum.
 

New York State Joins Whistleblower/Qui Tam Case Against Sprint

New York Attorney General Eric Schneiderman announced last week that New York state joined a whistleblower/qui tam case against Sprint-Nextel Corp. "for deliberately under-collecting and underpaying millions of dollars in New York state and local sales taxes on flat-rate access charges for wireless calling plans."

According to a Forbes Investing article*, the attorney general is proactive and engaged in this matter, as he should be, compared to the nonchalant Internal Revenue Service (IRS).

IRS whistleblower cases are complex, but by joining this case against Sprint and pushing the matter into the public eye, Schneiderman is accomplishing a lot for New York taxpayers, in addition to the potential collection of $300 million from the cell phone service provider. This announcement will hopefully encourage others to come forward about significant criminal tax acts and should encourage better New York tax law compliance.

These claims are taken seriously, and all parties need to realize that.

"Clearly, Schneiderman gets the value of whistleblowers," Erika Kelton wrote for Forebes. "The IRS, however, apparently still doesn't."

And we couldn't agree more!

Information to whistleblowers about their cases has been cut off completely by the IRS, and in the five years since the IRS tax whistleblower program was created, only one known award has been made to a whistleblower.

Whistleblower claims can be effectively managed and pursued, and the IRS should take heed from Schneiderman's actions. It's not only in New York that these issues can occur. And hopefully this case against Sprint will help collect owed taxes and narrow the state's budget gap for the greater good of New York taxpayers.

Federal Law Violations at Countrywide Home Loans and Bank of America

Florida Qui Tam

I have one question: When will the prosecutions start? What prosecutions? Financial institutions across America are filled with high ranking officials who all participated in creating a culture and system of defrauding the American public and crashing the American economy with false and fraudulent loans! Now the evidence is becoming overwhelming. Instead of giving banks bail-out money, we should have asked the government to give them one-way tickets to jail. Not all banks are bad, and not all bad loans are fraud. But the huge amount of loans were issued on fraudulent signatures and false reports, and those fraudulent activities were caused and perpetrated by bank officials who have yet to be called to justice for their misdeeds.

Last month Eileen Foster appeared on a national news show to discuss the numerous federal law violations, which occurred at Countrywide Home Loans while she worked there. Her testimony is proof that the financial debacle that went on at Countrywide and later Bank of America (BOA) was directly related to the fraud created by bank managers and workers to push through home loans. The show was "60 Minutes," and the link to that segment is below. "60 Minutes" is the most trustworthy news program ever produced in TV history. The fact that "60 Minutes" vetted Ms. Foster and found her to be credible and able to testify shows just how bad the corruption was at BOA and Countrywide Home Loans.

Factually, Foster worked at Countrywide starting in 2005 as a senior official. After being promoted a number of times she eventually landed in the position of Senior Fraud Risk Manager. This position put Foster as close to the epicenter of the financial collapse of the US Housing Market as anyone in history. That role allowed Foster access to data that literally detailed a mountain of evidence that corporate employees had forged signatures of clients and borrowers, and altered or simply created fake documents to prove up fake assets or income and push through poorly-placed loans for people who couldn't afford them, on property what was never worth the amount of the loan. The amount of evidence was shocking; the degree of total fraud that was being done to manipulate the bank's automated system of evaluating property value is scandalous as well.

After working in this role for a few months, Ms. Foster realized that the fraud was not local to her city but was being perpetrated across the United States. She found the same mind-blowing fraud in Miami, Las Vegas and Chicago. She then found it in San Diego, Los Angeles and Cincinnati. In other words, the fraud was being perpetrated across the entire business platform. It had become de-facto business as usual and was no longer even viewed as fraud - it was just business!

Ms. Foster figured out that the company was allowing the employee relations department (ER) and their lending managers to collude and not report fraud to the bank's normal internal reporting authority. This was being done to keep the fraudulent activity under wraps and allowed the loan officers to meet inflated closing productivity numbers, which became the norm at the bank. To keep the fraud going as long as possible, the company would allow management to retaliate against any employee who dared to question or "Whistleblow" on the banks fraud!

Prior to Countrywide merging with BOA, Ms. Foster filed a whistleblower complaint with the ER Division at Countrywide. Countrywide never told BOA about Ms. Foster's allegations. Instead they did just the opposite. Countrywide instructed their ER Department to investigate and bring a retaliatory action against Ms. Foster instead. Now that is turning justice on its head.

Once BOA took over, Ms. Foster hoped she was going to a more honest and better run company. BOA took foster in as a Senior Mortgage Fraud Investigator. She accepted that position. It was within that position that Ms. Foster finally learned that Countrywide was wrongfully investigating her. They were trying to use that investigation to cover her complaints and create a reason, outside of needing to get rid of a whistleblower, to terminate her employment with BOA. She found out that the company investigators were trying to bully Countrywide's staff into giving negative testimony against Ms. Foster. When BOA took over Countrywide's investigation of Foster, they decided to ignore the overwhelming evidence that the investigation was simple retaliation and instead they terminated her employment. They only did so after finding out that the US government regulators wanted to question her about Countrywide and BOA's suspicious actions and reporting.

It wasn't until Foster was terminated that she realized she needed to file a Sarbanes-Oxley Act (SOX) whistleblower complaint with the Occupational Safety & Health Administration (OSHA). She did so and challenged the termination. After a relatively short investigation, OSHA ruled on her complaint in September 2011. They found that Foster was the victim of whistleblower retaliation. They also found the retaliation was a violation of the Sarbanes Oxley employee protection guarantees. The Department of Labor wrote in the Order that Foster must be reinstated in her position. Further, BOA must pay her all her damages, including lost wages from the date of termination. Bank of America did not like this ruling, so they are challenging the OSHA ruling and requesting a hearing. We shall see what happens in the future.

Watch the "60 minutes" broadcast here.

Avandia Cases Are Getting Ready to Settle or Explode

Avandia cases are getting ready to settle or explode:

GlaxoSmithKlien is ready to either pay out or be bleed to death in Avandia cases. Recently they agreed to pay $3 Billion dollars to the Feds to avoid criminal and civil penalties and a trial. That case dealt, at least in part, with improper marketing of their defective drug, Avandia. Over the past few years Plaintiff lawyers have gathered and filed over 30,000 Avandia injury cases in a multidistrict litigation. This is because Avandia was supposed to control diabetes but was actually causing heart attacks. Glaxo knew of the heart attack danger but covered it up. Now Glaxo has settled over 10,000 of 30,000 cases in the MDL but is still fighting the remaining 20,000 claims. So far, (above the $3 billion dollars they paid the government), Glaxo has paid about $700,000 in claims to injured patients.

Now the court is getting impatient with Glaxo. The Judge recently gave Glaxo 75 days to settle up at least 85% of the remaining cases or they would be set for trial. It seems pretty obvious to all of us attorneys involved with Avandia, that after paying a $3 BILLION dollar fine and $700 MILLION in damages, Glaxo KNOWS Avandia was a bad drug and should settle the remaining cases.

We will see that Glaxo actually does, but my bet is their bank account is a lot deeper then the remaining cases. If they can pay the government and the first set of plaintiffs 3 billion 700 million dollars, they can settle up with the rest of the poor people they injured!

Defective Drug Companies Brought to Justice

Florida Qui Tam

HEY WHISTLEBLOWERS! Are you interested in making a huge amount of money? I am betting there are plenty of drug company executives and sales people who are salivating at the possibility of turning their employer into the government for illegal marketing schemes. Over the past few years, the health and drug industry has been busted for multiple violations of federal law and paid huge money in Qui Tam whistleblower cases.

The numbers on some of the cases are staggering. In many health care provider cases, the payouts have been in the hundreds of millions of dollars to settle Qui Tam Whistleblower lawsuits. When this happens, the Whistleblower is entitled to between 15% and 30% of the total funds recovered by the government.

Recently, the mega drug maker GlaxoSmithKline agreed to pay $3 BILLION dollars to the Federal Government to avoid civil and criminal penalties which government prosecutors alleged were created when Glaxo orchestrated an illegal marketing scheme for a group of their most popular drugs. The allegations included ripping off the Medicaid social funds program and promoting off label use for the drugs. This is the largest settlement between a drug company and the government related to illegal marketing practices in US HISTORY! It certainly beats the pants off the 2009 settlement Pfizer paid of $2.3 billion.

This new agreement will close a long running chapter in Glaxo’s history. The US Attorney in Colorado and Massachusetts shared the investigation and prosecution of this mega case. The charges included off-label promotion of Wellbutrin a well known anti-depressant and included the Government’s investigation into the often mentioned defective diabetes drug, Avandia. You may remember Avandia being taken off the market last year by the FDA unless it was given as a drug of last report! This was because it was causing heart attacks instead of helping with diabetes, a somewhat consequential problem for Glaxo. Avandia was promoted as a safe drug when Glaxo knew that Avandia was causing heart attacks and strokes.

I am sure my Qui Tam clients are dreaming about being the Qui Tam Whistleblower’s in a $3 BILLION DOLLAR pay out case. Even at the statutory minimum payout of 15% the Whistleblower in this case should receive a nice check for $450,000,000.00!!! Now that is a good day at the office! The best part of it all is that a company that was breaking the law was brought to justice!