Practice Areas

False Claims Act, CFTC, SEC and IRS Whistleblower Litigation

The firm has significant experience representing whistleblowers in qui tam false claims litigation brought under the federal False Claims Act.  30 states and the District of Columbia have false claims statutes that are similar to the federal law.

The qui tam law is contained in the federal False Claims Act, 31 U.S.C. Section 3729 et seq., and provides for civil damages including triple the amount of actual damages, civil penalties of $5,000 to $10,000 per violation and costs and attorneys' fees for various frauds against a variety of federally-funded programs, including defense procurement, healthcare, and federally-funded university grants to name a few. The firm has represented whistleblowers in significant cases including defense contractor fraud, Medicare fraud, and university grant procurement fraud.

The False Claims Act also contains anti-retaliation protections for those who are discharged, demoted, threatened, harassed, or discriminated against for reporting a fraud or initiating a lawsuit under the False Claims Act. 

A private citizen who files a false claims suit may, under certain circumstances, be entitled to, among other things, 15 to 30 percent of any recovery.

In July 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act, which provides that a whistleblower who provides information to the United States Securities and Exchange Commission relating to the violation of the U.S. securities laws may receive between 10 to 30 percent of what is collected of the monetary sanctions imposed in the action or related actions.

Effective December 2006, 26 U.S.C. § 7623 provides that an IRS whistleblower may be entitled to between 15 to 30 percent of the collected proceeds (including penalties, interest, addition to taxes payable, and additional amounts) resulting from an action or any related actions or from any settlement in response to an action.

False Claims Statistics

DOJ Recovers Nearly $5 Billion in 2012 
Justice Department Recovers Nearly $5 Billion in False Claims Act Cases in Fiscal Year 2012 
Welcome to the United States Department of Justice 
DOJ Fraud Statistics Overview, 1987 - 2012 

In the News

Moss & Gilmore Obtain $7.9 Million Settlement In FCA Whistleblower Lawsuit For Improper Radiation Oncology and E.R. Services; including payment of $850,000 for Whistleblower Retaliation Claim

ATLANTA, Georgia (Sept. 27, 2017) – Moss & Gilmore LLP announced today on behalf of their client Linda Jainniney, a former radiation oncology manager for AnMed Health, an affiliate of Carolina Health Care System (“CHS”), the settlement of a whistleblower lawsuit. AnMed Health will pay the federal government $7,073,000 to resolve allegations by the United States that it knowingly violated Federal law by, among other things, submitting claims, including lack of physician supervision by AnMed's radiation oncologists and upcoding nurse's services as if the physician performed the procedure, to Medicare and other federal payors.

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Moss & Gilmore Press Release

Fulton County Daily Report

Georgia DOJ Press Release

South Carolina DOJ Press Release

Moss & Gilmore Obtain $95 Million Settlement In FCA Whistleblower Lawsuit For Overcharging and Kickbacks for U.S. Soldiers’ Food During Iraq Wars

ATLANTA, Georgia (May 26, 2017) – Moss & Gilmore LLP announced today on behalf of their client Kamal Al-Sultan, a Kuwaiti businessman and U.S. military contractor of base camp logistics and support, the settlement of a whistleblower lawsuit initiated by Mr. Al Sultan in 2005. The suit alleged fraud on the part of publically traded Kuwaiti based Agility Public Warehousing Company “(“PWC”) and its affiliate, The Sultan Center (“TSC”). PWC was the prime vendor to feed U.S. and coalition troops in Iraq, Iran and Jordan from 2003–2010, pursuant to $8.5 billion worth of prime-vendor food contracts.    

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Moss & Gilmore Press Release

Kuwaiti Agility/PWC and TSC Pay $95 Million to U.S. Government and Give Up Claims To Settle Whistleblower Claims For Overcharging and Kickbacks for U.S. Soldiers' Food During Iraq Wars

DOJ Main Justice Press Release

Defense Contractor Resolves Criminal, Civil and Administrative Liability Related to Food Contracts

Georgia DOJ Press Release

Defense Contractor Agility Resolves Criminal, Civil and Administrative Cases totaling Hundreds of Millions of Dollars

Atlanta Journal Constitution

Food Contractor for U.S. Forces in Iraq Pays $95M in Atlanta Case

Folha de S.Paulo in Brazil Publishes Moss & Gilmore Article on SEC/FCPA Whistleblowing and What Brazilians Can do to Fight Corruption

August 24, 2015

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Raymond Moss represents whistleblower to win first ever FCA whistleblower and 17 State Settlement under the Affordable Care Act, recovering $6.88 million

August 5, 2015 -- Raymond Moss represents healthcare billing specialist whistleblower in first ever Federal and 17 State whistleblower settlement against Pediatric Services of America, the nation's largest home health care company for medically fragile children, over failure to return overpayments within 60 days under the Affordable Care Act. Her claims also included wrongful termination and retaliation under the False Claims Act, which claims were also resolved.

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Moss & Gilmore Named to New York and Georgia's Top Rated Lawyers in 2015 by ALM

ALM is the nation’s largest publisher of legal media including The American Lawyer, Corporate Counsel, and The National Law Journal. The Firm was also featured in December in New York Magazine's"Best of New York" issue, as well as stand-alone editions in The New York Law Journal and The Wall Street Journal, and online editions with exclusive content covering Legal Leaders in New York. The firm was previously named to Top Rated Lawyers by ALM in 2014.

Moss & Gilmore named 2015 Commercial Dispute Resolution Law Firm of the Year in Georgia by CorporateINTL

Corporate INTL is read by business leaders, investors, and advisers globally. The firm also received this distinction in 2013.

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Raymond Moss represents physician whistleblower in successful false claim action, recovering $3.8 million

April 3, 2012-- Raymond Moss represents physician whistleblower in successful false claim action against radiation oncology practice resulting in a $3.8 million settlement.

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Raymond Moss obtains default in connection with multi-billion dollar military false claims case

March 24, 2012

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Moss & Gilmore represents whistleblower in multi-billion dollar false claims case against large defense contractor

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