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The Curse of Oak Island
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The Curse of Oak Island
Genre
Reality[1]
Narrated by
Robert Clotworthy
Country of origin
Canada
Original language(s)
English
No. of seasons
5
No. of episodes
62
Production
Executive producer(s)
Kevin Burns[2]
Camera setup
Multiple
Running time
43 minutes
Production company(s)
Prometheus Entertainment[2]
Distributor
A&E Networks[2]
Release
Original network
History Canada
Original release
January 5, 2014 (2014-01-05) – present
External links
Website
Production website
The Curse of Oak Island is an active reality television[1] series that first premiered in Canada on the History network on January 5, 2014. The show features what is known as the Oak Island mystery, showing efforts to search for historical artifacts and treasure.[3][4][5]
Contents
[hide]
1 Overview
1.1 Background
1.2 Theories
2 Series overview
3 Production
4 Episodes
4.1 Season 1 (2014)
4.2 Season 2 (2014–2015)
4.3 Season 3 (2015–2016)
4.4 Season 4 (2016–2017)
4.5 Season 5 (2017–2018)
5 References
6 Further reading
7 External links
Overview[edit]
The Curse of Oak Island follows brothers Marty and Rick Lagina, originally from Kingsford, Michigan, through their efforts to find the speculated treasure or historical artifacts believed to be on Oak Island. The series discusses the history of the island, recent discoveries, theories, and prior attempts to investigate the site.[6] Areas of interest include the "Money Pit", Borehole 10-x, Smith's Cove, "Nolan's Cross", the "Hatch", the "Watchtower" and the "Swamp".
Background[edit]
The Lagina brothers became fascinated with the island after reading the January 1965 issue of Reader's Digest magazine that features an article on the Restall family's work to investigate the so-called "Money Pit".[7] Marty and his brother Rick obtained a controlling interest in Oak Island Tours, which reportedly owns most of the island. The brothers were later approached by Prometheus Entertainment to do a reality show. Rick and Marty have engaged the assistance of father-and-son Dan and Dave Blankenship, permanent residents of the island who have likewise been searching for treasure since the 1960s.[8]
Theories[edit]
The series explores various Oak Island theories and conjectures through conversations with independent researchers. Persons featured have included Zena Halpern discussing her theory about North African gold and sharing copies of a French map of the island which she claims is dated 1347; J. Hutton Pulitzer discussing his theory of ancient mariner visitations; Petter Amundsen discussing his theory about codes hidden in Shakespearen literature and a secret project involving Sir Francis Bacon and the Rosicrucians; Daniel Ronnstam discussing his theory about the 90 foot stone being a dual cypher containing instructions as how to defeat the money pit flood tunnels with corn; authors Kathleen McGowen and Alen Butler discussing their theory involving the fabled Knights Templar treasure and an alleged relocation of historical religious artifacts to the island; and John O'Brien discussing his theory that the island contains treasures of the Aztec Empire. It has also been suggested by Zena Halpern, without evidence, that the Templars worshipped the Phoenician goddess Tanit.
Series overview[edit]
Season
Episodes
Originally aired
First aired
Last aired
1 5 January 5, 2014 (2014-01-05) February 9, 2014 (2014-02-09)
2 10 November 4, 2014 (2014-11-04) January 13, 2015 (2015-01-13)
3 13 November 10, 2015 (2015-11-10) February 2, 2016 (2016-02-02)
4 16 November 15, 2016 (2016-11-15) February 21, 2017 (2017-02-21)
5 18 November 7, 2017 (2017-11-07) March 6, 2018 (2018-03-06)
Production[edit]
Having started in 2014, The Curse of Oak Island is currently in its fifth season. On August 2, 2016, it was announced that Nova Scotia Business Inc. approved $1,271,546 in film funding for the production of the 4th season.[9] In October 2017, a fifth season was announced, which began airing on November 7, 2017.[10]
Episodes[edit]
Season 1 (2014)[edit]
No.
overall
No. in
season
Title
Original air date
Viewers
(millions)
1
1 "What Lies Below" January 5, 2014 (2014-01-05) 2.53[11]
Brothers Rick and Marty Lagina now own most of Oak Island. Determined to resume the search for treasure on the island, they explore an abandoned shaft called Borehole 10-X and use water pressure to pump material to the surface. They find a tiny piece of metal.
2
2 "The Mystery of Smith's Cove" January 12, 2014 (2014-01-12) 2.35[12]
A scuba team that includes Marty's son Alex Lagina dives Smith's Cove and finds what are claimed to be non-indigenous coconut fibres and anomalous stones. Meanwhile, more metal fragments and cat bones are found in the slurry from 10-X.
3
3 "Voices from the Grave" January 19, 2014 (2014-01-19) 2.33[13]
As Rick and Marty Lagina begin working to drain a swamp, they are visited by a woman who lost her father and brother to a tragic accident on Oak Island.
4
4 "The Secret of Solomon's Temple" January 26, 2014 (2014-01-26) 2.72[14]
A visitor to the island presents Rick and Marty Lagina with his theory about where the treasure on Oak Island is located and the idea that the Menorah might be among the treasures for which they are searching.
5
5 "The Find" February 9, 2014 (2014-02-09) 2.97[15]
The team digs in a shallow muddy swamp and finds what appears to be an antique Spanish copper coin. A diver is later sent into the swamp and finds no additional objects.
Season 2 (2014–2015)[edit]
No.
overall
No. in
season
Title
Original air date
Viewers
(millions)
6
1 "Once In, Forever In" November 4, 2014 (2014-11-04) 2.60[16]
After dating the Spanish coin they found last summer to 1652, brothers Rick and Marty Lagina return to Oak Island and begin searching the swamp again. Two men perform a Nuclear Magnetic Resonance test in which they present a map of ground voids and metals under the ground.
7
2 "Return To The Money Pit" November 11, 2014 (2014-11-11) 2.15[17]
The team drills in the area of the money pit but is unable to drill through the underground material. A visitor shows them alleged evidence that the treasures from King Solomon's Temple could be buried on Oak Island.
8
3 "The Eight-Pointed Star" November 18, 2014 (2014-11-18) 2.23[18]
A treasure hunter presents a theory that Phoenicians visited the island 2500 years ago and left behind the ark of the covenant. Rick and Marty Lagina unsuccessfully look for evidence to prove it while also trying to locate the original Money Pit.
9
4 "The Breakthrough" November 25, 2014 (2014-11-25) 2.15[19]
A tree stump in the swamp is examined. Core samples extracted by drilling are discovered to contain rocks and wood.
10
5 "The 90-Foot Stone" December 2, 2014 (2014-12-02) 2.46[20]
A visitor comes to the island suggesting that he has discovered a secret method of getting to the treasure. He claims that Francis Bacon has left behind instructions to the effect that the "flood tunnels" can be disabled by pouring corn into the money pit. The team declines to test the theory and instead visits a masonic lodge. The team searches the swamp again and finds nothing.
11
6 "Seven Must Dye" December 9, 2014 (2014-12-09) 2.90[21]
Rick searches for man-made flood tunnels without success; Marty and John visit Europe to track down a lead.
12
7 "The Trail of the Templars" December 16, 2014 (2014-12-16) 2.47[22]
While work begins in the swamp, Rick and Marty travel to Scotland to investigate more corn-related theories about the money pit. They are also presented with a theory that Oak Island is a copy of King Solomon's Temple and that the entrance to the Money Pit is in the swamp.
13
8 "X Marks the Spot" December 23, 2014 (2014-12-23) 2.72[23]
Rick and Marty search the swamp for an alternate entrance into the Money Pit, without success.
14
9 "A Dangerous Dive" January 6, 2015 (2015-01-06) 2.59[24]
Rick and Marty take a team of divers to Oak Island.
15
10 "The Big Reveal" January 13, 2015 (2015-01-13) 3.06[25]
Rick and Marty use sonar to map out the bottom chamber of the 10-X borehole.
Season 3 (2015–2016)[edit]
No.
overall
No. in
season
Title
Original air date
Viewers
(millions)
16
1 "The Hole Truth" November 10, 2015 (2015-11-10) 2.26[27]
Rick and Marty search for underground tunnels on Oak Island and prep borehole 10-X for a dive.[26]
17
2 "Pipe Down" November 17, 2015 (2015-11-17) 2.56[29]
Prep work for a dive in borehole 10X continues while the team simultaneously searches the area near the Money Pit for shallow treasure.[28]
18
3 "Time to Dig" November 24, 2015 (2015-11-24) 2.60[31]
Rick, Marty and the team go shopping for excavation equipment, investigate the location of a possible Knight's Templar treasure and search for the original location of the Money Pit.[30]
19
4 "The Overton Stone" December 1, 2015 (2015-12-01) 3.05[33]
Work continues to locate the Money Pit while the team investigates a stone with purported Portuguese carvings.[32]
20
5 "Disappearing Act" December 8, 2015 (2015-12-08) 3.22[35]
The team completes preparations for a dive expedition down borehole 10X by investigating the shaft with a camera.[34]
21
6 "Carved in Stone" December 15, 2015 (2015-12-15)[37] 2.47[38]
Rick, Marty and the team investigate rocks on Oak Island. A researcher visits the island and claims that the Aztecs may have visited the island in the past.[36]
22
7 "The Missing Peace" December 22, 2015 (2015-12-22)[37] 3.40[40]
Rick and Marty welcome long-time rival Fred Nolan into the team.[39]
23
8 "Phantoms of the Deep" December 29, 2015 (2015-12-29)[37] 3.30[42]
The team conducts a sonar sweep of the waters surrounding Oak Island and begin digging on Fred Nolan's property.[41]
24
9 "Columbus Day" January 5, 2016 (2016-01-05)[37] 2.79[44]
The team preps for a dive of borehole 10X. They also listen to a theory about Christopher Columbus visiting the Island.[43]
25
10 "Silence in the Dark" January 12, 2016 (2016-01-12)[37] 3.11[46]
Difficulties are encountered during the dive to the bottom of borehole 10X, the team further investigates Fred Nolan's property and an alleged Roman sword found in the waters off Oak Island is presented to the team.[45]
26
11 "Sword Play" January 19, 2016 (2016-01-19)[37] 2.82[48]
The team has the Roman sword investigated and find that it is a modern reproduction. There is an unproductive search for treasure north of the Money Pit.[47]
27
12 "Voices from Below" January 26, 2016 (2016-01-26)[37] 3.17[50]
The team dives to the bottom of borehole 10X. In a separate investigation, a cavity is found far underground near the Money Pit.[49]
28
13 "Secrets and Revelations" February 2, 2016 (2016-02-02)[37] 3.41[51]
The diving investigation of borehole 10X concludes with nothing found. Relatives of the original Oak Island treasure hunters present a gold cross which is said to have come from the treasure.
Season 4 (2016–2017)[edit]
No.
overall
No. in
season
Title
Original air date
Viewers
(millions)
29
1 "Going for Broke" November 15, 2016 (2016-11-15) 2.62[53]
The team agrees to turn focus over to the Money Pit and review what they have collected. Researcher Zena Halpern presents a handmade copy of what she claims is a French map from 1347 of Oak Island. The map shows locations for a "hatch", a "valve" and an "anchor" on the Island. A theory is presented based on a purported decoding of a cipher that Joab at the time of King David transported the Ark of the Covenant to North Africa from which it was later transported onward by the Knights Templar from the then-Portuguese town of Safi in Morocco to Oak Island.[52]
30
2 "Always Forward" November 22, 2016 (2016-11-22) 2.66[54]
While preparing to excavate the Money Pit, the team investigates an 18th century well on mainland Nova Scotia. The team brings in an archaeologist to inspect a hole on Dave Blankenship's property which they think is a potential "hatch".
31
3 "Swamp Things" November 29, 2016 (2016-11-29) 2.97[55]
A piece of rock with scratches is found, before the team revisits the swamp for another look and finds very little.
32
4 "No Stone Unturned" December 6, 2016 (2016-12-06) 2.95[56]
Part of the team unsuccessfully attempts to track down the '90-foot stone' in nearby Halifax; while the first excavation in over 50 years begins in the Money Pit.
33
5 "Bullseye" December 11, 2016 (2016-12-11) 2.82[57]
A new theory that Inca gold is buried on Oak Island is offered, albeit without evidence to support it. Meanwhile the team supposedly inches their way to the alleged target in the Money Pit.
34
6 "Circles in Wood" December 20, 2016 (2016-12-20) 3.44[58]
A few coins are found on the island, a long way from the money pit. The money pit search for the 'Chappel Vault' ends in failure so a new target is set for 170ft C-1 shaft in the Money Pit area.
35
7 "All That Glitters" December 27, 2016 (2016-12-27) 3.68[59]
The swamp is drained and searched with a metal detector revealing an old spike. Object not dated. C-1 Dig Site is drilled to target depth of 170 ft. where previously inserted camera may have seen something shiny and gold colored.
36
8 "The Mystery of Samuel Ball" January 3, 2017 (2017-01-03) 3.43[60]
A tiny amount of evidence is offered supposedly linking an 18th-century slave to the mystery.
37
9 "Echoes from the Deep" January 10, 2017 (2017-01-10) 3.35[61]
A camera sent down 10X confirms the divers impression that there is nothing there of note, undermining the camera's operators previous assertion that they were 90% certain there was a chest there. Some of the team are in denial about this and insist there is still some point in exploring 10-X further on the basis that Dan Blankenship has spent so much time on it, it must be the key to the alleged puzzle.
38
10 "About Face" January 17, 2017 (2017-01-17) 3.04[62]
Divers are sent to the bottom of borehole C-1. Nothing is found. A rock fifty miles from Oak Island is examined. The team decides to do a new examination of borehole 10X.
39
11 "Presidential Secrets" January 24, 2017 (2017-01-24) 3.20[63]
The new examination of borehole 10X concludes. Equipment failure delays excavation of a new hole. Rick heads to the Franklin D. Roosevelt library to learn why the late President was interested in Oak Island.
40
12 "Hyde Park & Seek" January 31, 2017 (2017-01-31) 3.15[64]
A cofferdam is built at Smith's Cove and the beach is excavated. The team debates where the "money pit" might have been.
41
13 "One Of Seven" February 7, 2017 (2017-02-07) 3.24[65]
The team attempts to decode a cipher and concludes that they only possess 1/7th of the cipher. Rocks are found at Smith's Cove. The investigation of the cove is halted for the year. A man from Arizona claims, without any evidence, that several hundred tons of gold are hidden in tunnels near Oak Island.
42
14 "Sticks and Stones" February 14, 2017 (2017-02-14) 3.20[66]
Rocks are examined on Oak Island. Pieces of wood are carbon dated. The third excavation on the island this season reaches bedrock with nothing found. The team decides to dig another hole.
43
15 "Blood is Thicker" February 21, 2017 (2017-02-21) 3.79[67]
The final excavation of the season leads to the discovery of scrap metal pieces, a washer, several hex nuts and a button. Season finale featured McGinnis gold cross, iron spike, and other artifacts evaluated by antiques appraiser Dr. Lori Verderame (Ph.D. - History of Art and Architecture).
Note: This episode aired as a 2-hour special.
44
16 "Drilling Down" February 28, 2017 (2017-02-28) 1.72[68]
The team is interviewed at the end of season. The wood from borehole 10-X is carbon dated as being from 1670-1780. A new cipher is decoded leading the team to once again believe that there is a "hatch" somewhere on the island. The team wants to continue searching the swamp. The team proposes pumping borehole 10-X dry to enable yet another round of searches. The team wants to search more of the Island with metal detectors in the future.
Note: This episode is a special.
Season 5 (2017–2018)[edit]
No.
overall
No. in
season
Title
Original air date
Viewers
(millions)
45
1 "Forever Family" November 7, 2017 (2017-11-07) 2.95[69]
A diver is sent to the bottom of borehole C-1. Mud is recovered. A nail is found in an old spoils pile from GAL-1. A copper coin is found in the woods near Issac's Point.
46
2 "Dead Man's Chest" November 14, 2017 (2017-11-14) 2.98[70]
The sea chest of a captain who lived in Nova Scotia in the 1780s is examined. Salt water starts coming out the top of borehole C-1. Another copper coin is found on the island.
47
3 "Obstruction" November 21, 2017 (2017-11-21) 2.85[71]
Two old British copper coins are found in the woods. The Province of Nova Scotia requests that an archaeologist be on site on Oak Island as an adviser to the treasure hunters. Part of a metal spoon and round rocks are discovered under tree stumps. Based on the rocks and the spoon pieces, Marty Lagina concludes that "something must have happened here". A small piece of scrap metal is found in the mud brought up from one of the new boreholes being drilled in the "money pit" area.
48
4 "Close Call" November 28, 2017 (2017-11-28) 3.36[72]
Drilling below bedrock, the team discovers a void in the rock. A hose on the drill detaches resulting in a worker falling backward and suffering a minor injury to his wrist. Drilling is halted for over a week. A toy gun is found in the woods and the team launches an investigation of it. Lee Lamb and Richard Restall visit the island. Richard Restall is identified conclusively as the owner of the toy gun.
49
5 "Bone Dry" December 5, 2017 (2017-12-05) 3.16[73]
An iron spike is found on the beach. Some small pottery fragments are brought up from one of the boreholes. Two human bone fragments were recovered and sent in for testing.
50
6 "Remains of the Day" December 12, 2017 (2017-12-12) 3.01[74]
A piece of leather is found. Rick Lagina has headaches and a rash. He is later diagnosed as having lyme disease. The team intends to have the previously discovered human bone fragments carbon dated.
51
7 "The Lot Thickens" December 19, 2017 (2017-12-19) 3.13[75]
A theory is presented that Sir Francis Drake is buried on Oak Island in a vault with gold treasure. It is suggested that the lack of any records documenting Drake travelling to Canada is proof that he must have travelled to Canada. A theory is presented that the scrap leather piece found is from a book binding. A patch of ground is excavated and nothing is found.
52
8 "Dan's Breakthrough" January 2, 2018 (2018-01-02) 3.31[76]
The team discovers a horseshoe, a piece of shot and another coin. It is discovered that one of the words on the Zena Halpern map is the name of a French family (Rochefoucauld) who participated in the Crusades. The team presents an unsupported theory that Samuel de Champlain was ordered to incorrectly map Nova Scotia to hide Oak Island by Pierre Dugua, Sieur de Mons at the direction of Rochefoucauld family. The team decides to send several members to France for further investigation of the theory. The testing on the human bone fragments (found in episode 5) indicated that they dated in a range from 1682 AD to 1764 AD.
53
9 "The French Connection" January 9, 2018 (2018-01-09) 3.02[77]
A small pottery fragment is found on Lot 24. It is determined that the rocks found in Season Five Episode 3 are not consistent with the foundation of a house. The team theorizes, without evidence, that there must have been a "watchtower" on Lot 24. In France, the team establishes that there is no connection between the Rochefoucauld family and the Knights Templar. A Zena Halpern map is examined again and it is determined that the English translations of the map done to present have been incorrect. The team looks at cave carvings in France and consults an expert in the Knights Templar. The team observes a pattern in part of a cave carving that they claim is roughly similar to an upside-down image of the Rochefoucauld family coat of arms and conclude that the family must be linked to the Knights Templar. They find a carving of a multi-armed cross and offer an unsupported theory that it is a representation of the "Tree of Life" and that it is the same as Nolan's Cross on the island. A theory is presented that the cave carving may represent an "earlier version" of the "Tree of Life". Based on the information discovered in France, the team concludes that the Oak Island swamp should be excavated again.
54
10 "The Signs Of A Cross" January 16, 2018 (2018-01-16) 3.34[78]
Eight pages of what is alleged to be a transcript of an incomplete log of an unnamed ship are presented. It is claimed, without any evidence, that the log is from a French ship which participated in the Duc d'Anville Nova Scotia expedition of 1746. More wood, a bone and a metal spike are brought up from a borehole in the money pit area. The shaft excavation reaches an obstruction at 170 feet. A small lead cross is found at Smith's Cove. It is theorized, with no supporting evidence, that crosses with an attaching loop at the top were used by members of the Knights Templar and that this lead cross dates from the years 1200 to 1600.
55
11 "Moving Targets" January 23, 2018 (2018-01-23) 3.32[79]
A spoon handle and a piece of brass are found at Smith's Cove. More pottery fragments, another bone and small bits of leather are found in the material brought up from borehole H8. The team debates the location of the "Chappel Vault".
56
12 "A Key to the Mystery" January 30, 2018 (2018-01-30) 3.25[80]
The team gains access to Fred Nolan's survey maps of the island but have difficulty interpreting them. A folding metal key is examined. Searching for a local dumpsite, the team digs a trench on Lot 12 near the former house of Fred Nolan. Pottery fragments are found in the trench.
57
13 "Unhinged" February 6, 2018 (2018-02-06) 3.32[81]
More pottery fragments and a metal hinge are found at the Nolan dumpsite. A part of the swamp is drained and a wooden stake is found. Zena Halpern is shown a picture of the lead cross and claims it is not a cross, but the symbol of the Phoenician goddess Tanit. She further makes unsupported claims that the cross is around 3200 years old (dating to 1200 BC) and that the Knights Templar worshiped Tanit. The drilling of the latest borehole encounters an obstruction at 75 feet.
58
14 "The Templar Connection" February 13, 2018 (2018-02-13) 2.34[82]
A history of the Knights Templar is presented along with speculative theories about how they might have been involved with Oak Island.
Note: This episode is a special.
59
15 "Steel Trapped" February 20, 2018 (2018-02-20) 2.99[83]
Independent researcher Kathleen McGowan Coppens offers an unsupported theory that the lead cross was part of a necklace used by Templars to smuggle gold. She also claims that the country of Canada was named by the Templars after the town of Sarlat-la-Canéda in France. A rusty keyhole plate is found in the woods. On examination, the exposed surface of the drilling obstruction at the money pit appears to be rocks and clay soil. The borehole later fills with water. The team arranges for a diver to go down the borehole.
60
16 "Seeing Red" February 27, 2018 (2018-02-27) 3.02[84]
An excavation is done at Smith's cove and wood is found. The team plans for further excavations at Smith's cove next year. A button claimed to be from the 1700s and an old jewelry fragment are located by metal detector.
61
17 "A Family Album" February 27, 2018 (2018-02-27) 1.98[84]
The episode includes accounts of activities on the Oak Island by the McGinnis family, descendants of Samuel Ball, William Chappell's family, the Restall Family and the family of Robert Dunfield. The Blankenship/Nolan disputes on Oak Island are discussed. The episode ends with a short history of the Lagina brothers' interest in Oak Island.
Note: This episode is a special.
62
18 "Amazing Discoveries" March 6, 2018 (2018-03-06) 2.89[85]
The gem in the Jewelry fragment found on the island is a Rhodolite Garnet stone of small value. The drilling obstruction in the "money pit" borehole is determined by divers to be a granite boulder.
References[edit]
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Jump up ^ "Tuesday cable ratings: 'Family Guy' leads day, 'Curse of Oak Island' and 'Moonshiners' top originals - TV By The Numbers by zap2it.com". TV By The Numbers by zap2it.com.
Jump up ^ "History.ca: Carved In Stone Episode Guide". history.ca.
^ Jump up to: a b c d e f g h "Shows A-Z - curse of oak island, the on history - TheFutonCritic.com".
Jump up ^ "Tuesday cable ratings: Republican debate delivers big numbers for CNN". TV By The Numbers by zap2it.com.
Jump up ^ "History.ca: The Missing Peace Episode Guide". history.ca.
Jump up ^ "Tuesday cable ratings: 'Curse of Oak Island' and 'Big Bang Theory' win the day - TV By The Numbers by zap2it.com". TV By The Numbers by zap2it.com.
Jump up ^ "History.ca: Phantoms of the Deep Episode Guide". history.ca.
Jump up ^ "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Update: 12.29.2015". Retrieved December 31, 2015.
Jump up ^ "History.ca: The Curse of Oak Island: Columbus Day". history.ca.
Jump up ^ "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Update: 1.5.2016". Retrieved January 6, 2016.
Jump up ^ "History.ca: Silence in the Dark Episode Guide". history.ca.
Jump up ^ "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Update: 1.12.2016". Retrieved January 13, 2016.
Jump up ^ "History.ca: Sword Play Episode Guide". history.ca.
Jump up ^ "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Update: 1.19.2016". Retrieved January 21, 2016.
Jump up ^ "History.ca: The Curse of Oak Island: Voices From Below". history.ca.
Jump up ^ "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Update: 1.26.2016". Retrieved January 27, 2016.
Jump up ^ "SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 2.2.2016". Retrieved February 3, 2016.
Jump up ^ history.com, "The Curse of Oak Island: Season 4". Accessed November 13, 2016.
Jump up ^ Metcalf, Mitch (November 16, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 11.15.2016". Showbuzz Daily. Retrieved November 16, 2016.
Jump up ^ Metcalf, Mitch (November 23, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 11.22.2016". Showbuzz Daily. Retrieved November 23, 2016.
Jump up ^ Metcalf, Mitch (November 30, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 11.29.2016". Showbuzz Daily. Retrieved November 30, 2016.
Jump up ^ Metcalf, Mitch (December 7, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 12.6.2016". Showbuzz Daily. Retrieved December 7, 2016.
Jump up ^ Metcalf, Mitch (December 14, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 12.13.2016". Showbuzz Daily. Retrieved December 14, 2016.
Jump up ^ Metcalf, Mitch (December 21, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 12.20.2016". Showbuzz Daily. Retrieved December 21, 2016.
Jump up ^ Metcalf, Mitch (December 29, 2016). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 12.27.2016". Showbuzz Daily. Retrieved December 29, 2016.
Jump up ^ Metcalf, Mitch (January 5, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 1.3.2017". Showbuzz Daily. Retrieved January 5, 2017.
Jump up ^ Metcalf, Mitch (January 11, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 1.10.2017". Showbuzz Daily. Retrieved January 11, 2017.
Jump up ^ Metcalf, Mitch (January 19, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 1.17.2017". Showbuzz Daily. Retrieved January 19, 2017.
Jump up ^ Metcalf, Mitch (January 25, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 1.24.2017". Showbuzz Daily. Retrieved January 25, 2017.
Jump up ^ Metcalf, Mitch (February 1, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 1.31.2017". Showbuzz Daily. Retrieved February 1, 2017.
Jump up ^ Metcalf, Mitch (February 8, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 2.7.2017". Showbuzz Daily. Retrieved February 8, 2017.
Jump up ^ Metcalf, Mitch (February 15, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 2.14.2017". Showbuzz Daily. Retrieved February 15, 2017.
Jump up ^ Metcalf, Mitch (February 23, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 2.21.2017". Showbuzz Daily. Retrieved February 23, 2017.
Jump up ^ Metcalf, Mitch (March 1, 2017). "UPDATED: SHOWBUZZDAILY's Top 150 Tuesday Cable Originals & Network Finals: 2.28.2017". Showbuzz Daily. Retrieved March 1, 2017.
Jump up ^ Metcalf, Mitch (November 8, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 11.7.2017". Showbuzz Daily. Retrieved November 8, 2017.
Jump up ^ Metcalf, Mitch (November 15, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 11.14.2017". Showbuzz Daily. Retrieved November 15, 2017.
Jump up ^ Metcalf, Mitch (November 22, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 11.21.2017". Showbuzz Daily. Retrieved November 22, 2017.
Jump up ^ Metcalf, Mitch (November 29, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 11.28.2017". Showbuzz Daily. Retrieved November 29, 2017.
Jump up ^ Metcalf, Mitch (December 6, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 12.5.2017". Showbuzz Daily. Retrieved December 6, 2017.
Jump up ^ Metcalf, Mitch (December 13, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 12.12.2017". Showbuzz Daily. Retrieved December 13, 2017.
Jump up ^ Metcalf, Mitch (December 20, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 12.19.2017". Showbuzz Daily. Retrieved December 20, 2017.
Jump up ^ Metcalf, Mitch (January 4, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 1.2.2018". Showbuzz Daily. Retrieved January 4, 2018.
Jump up ^ Metcalf, Mitch (January 10, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 1.9.2018". Showbuzz Daily. Retrieved January 10, 2018.
Jump up ^ Metcalf, Mitch (January 18, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 1.16.2018". Showbuzz Daily. Retrieved January 18, 2018.
Jump up ^ Metcalf, Mitch (January 24, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 1.23.2018". Showbuzz Daily. Retrieved January 24, 2018.
Jump up ^ Metcalf, Mitch (January 31, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 1.30.2018". Showbuzz Daily. Retrieved January 31, 2018.
Jump up ^ Metcalf, Mitch (February 7, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 2.6.2018". Showbuzz Daily. Retrieved February 7, 2018.
Jump up ^ Metcalf, Mitch (February 14, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 2.13.2018". Showbuzz Daily. Retrieved February 14, 2018.
Jump up ^ Metcalf, Mitch (February 22, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 2.20.2018". Showbuzz Daily. Retrieved February 22, 2018.
^ Jump up to: a b Metcalf, Mitch (February 28, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 2.27.2018". Showbuzz Daily. Retrieved February 28, 2018.
Jump up ^ Metcalf, Mitch (March 7, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 3.6.2018". Showbuzz Daily. Retrieved March 7, 2018.
Further reading[edit]
MacDonald, David (1965). "Treasure Hunt: The Mystery of Oak Island". Reader's Digest – via readersdigest.ca.
External links[edit]
Official website
Official Facebook Page
The Curse of Oak Island on IMDb
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Rosalind Knight
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Rosalind Knight
Born
(1933-12-03) 3 December 1933 (age 84)
Marylebone, London, England
Nationality
British
Occupation
Actress
Spouse(s)
Michael Elliott (1959–1984; two daughters)
Rosalind Knight (born 3 December 1933) is an English actress.[1] Her career has spanned over 60 years on stage, screen, and television. Her film appearances include Blue Murder at St Trinian's (1957), Carry On Nurse (1959), Carry On Teacher (1959), Tom Jones (1963), and About a Boy (2002).[2] She played Beryl in the BBC sitcom Gimme Gimme Gimme (1999–2001).[3]
Contents
[hide]
1 Career
2 Selected filmography
3 Selected theatre performances
4 References
5 External links
Career[edit]
Knight was born in Marylebone, London. She is the daughter of Esmond Knight and his first wife, Frances Clare, and the stepdaughter of actress Nora Swinburne.[4] Being from a theatrical family, she was introduced to theatre at an early age. She was inspired by a visit to the bombed-out Old Vic Theatre in 1949 with her father to see performances of The Snow Queen and As You Like It.[5] After studying there for two years under Glen Byam Shaw and George Devine, she was offered a position as Assistant Stage Manager at the Midland Theatre Company in Coventry. From Coventry, she moved to Ipswich Repertory Company where Joe Orton was a fellow ASM.[6]
Two years later she joined a touring group, the West of England Theatre Company, for an eight-month stint. She was spotted by a producer, which led to her being cast as a schoolgirl in Blue Murder at St Trinian's in 1957.[6] That same year, she starred with her father, playing father and daughter, in the BBC production of Nicholas Nickleby.[7] An earlier film role, albeit uncredited, was as a lady-in-waiting in Laurence Olivier's film Richard III (1955), which also starred her father. She performed in two early Carry On films. In Carry On Nurse, she played Nurse Nightingale and in Carry On Teacher she played Felicity Wheeler, a prim school inspector whose amorous hopes toward Kenneth Connor's wimpy science master are continually thwarted.[1]
In 1963, she played Mrs Fitzpatrick in the film of Tom Jones and was in a second St. Trinian's film, playing a teacher in The Wildcats of St. Trinian's in 1980.[1]
She has made countless appearances on television, in shows such as Mapp & Lucia (1985), Only Fools and Horses (1989), Agatha Christie's Poirot (1992), Jeeves and Wooster (1993), The Upper Hand (1995), Wycliffe (1996), Dalziel and Pascoe (1999), Heartbeat (2000), Casualty (2002), Midsomer Murders (2003 and 2011), Doctors (2005 and 2009), Agatha Christie's Marple (2006), Holby City (2008 and 2015), Sherlock (2012) and Friday Night Dinner (2012 and 2016).[8] From 1999 to 2001 she co-starred in the sitcom Gimme Gimme Gimme, playing Beryl Merit, the retired prostitute landlady of the two main characters, Linda (Kathy Burke) and Tom (James Dreyfus).[9]
Her other films include Prick Up Your Ears (1987) and About a Boy (2002).[1] Throughout her career, Rosalind Knight has continued to work in the theatre, including with the Royal Shakespeare Company, the Royal Court Theatre and the Old Vic. She also worked at the Manchester Royal Exchange and the Sheffield Crucible.[10]
Knight married director and producer Michael Elliott in July 1959 and they were married until his death in 1984.[5] They had two daughters – Marianne Elliott, a theatre director, and Susannah Elliott-Knight. Marianne is married to actor Nick Sidi and they have a daughter, Eve, born in August 2004.[11]
Selected filmography[edit]
Gone to Earth (1950) – Young Girl at Racecourse (uncredited)
Richard III (1955) – Lady-in-Waiting (uncredited)
Fortune Is a Woman (1957) – (uncredited)
Blue Murder at St Trinian's (1957) – Annabel
The Horse's Mouth (1958) – Bit Role (uncredited)
Carry On Nurse (1959) – Student Nurse Nightingale
Carry On Teacher (1959) – Felicity Wheeler
Doctor in Love (1960) – Doctor (uncredited)
There Was a Crooked Man (1960) – Nurse
The Kitchen (1961) – 17th Waitress
Tom Jones (1963) – Mrs. Fitzpatrick
Can Hieronymus Merkin Ever Forget Mercy Humppe and Find True Happiness? (1969) – Critic Penelope
Start the Revolution Without Me (1970) – Helene de Sisi
Eskimo Nell (1975) – Lady Longhorn
Mister Quilp (1975) – Mrs. George
The Lady Vanishes (1979) – Evelyn Barnes
The Wildcats of St Trinian's (1980) – Miss Walsh
Prick Up Your Ears (1987) – RADA Judge
Afraid of the Dark (1991) – Edith
Gunslinger's Revenge (1998) – Mrs Willow
Tess of the D'Urbervilles (1998) — Mrs D'Urberville
About a Boy (2002) – Lindsey's Mother
Demons Never Die (2011) – Freida
The Lady in the Van (2015) – Old Nun
The Crown (2016) – Princess Alice of Battenberg
Selected theatre performances[edit]
Mrs Prentice in What the Butler Saw by Joe Orton. Directed by Braham Murray at the Royal Exchange, Manchester. (1977)
Miss Erikson in Present Laughter by Noël Coward. Directed by James Maxwell at the Royal Exchange, Manchester. (1977)
Stepmother in Cinderella by Trevor Peacock. World Premiere directed by Anthony Bowles and Michele Hardy at the Royal Exchange, Manchester. (1979)
Mrs Rankling in The Schoolmistress by Arthur Wing Pinero. Directed by James Maxwell at the Royal Exchange, Manchester. (1979)
Madam in Blood, Black and Gold by Gerard McLarnon. World premiere directed by Braham Murray at the Royal Exchange, Manchester. (1980)
Mrs Jike in Love on the Dole by Ronald Gow. Directed by Eric Thompson at the Royal Exchange, Manchester. (1980)
Lady Windermere in Lord Arthur Saville's Crime by Oscar Wilde. Directed by Eric Thompson at the Royal Exchange, Manchester. (1982)
Lady India in Ring Round the Moon by Jean Anouilh. Directed by Steven Pimlott at the Royal Exchange, Manchester. (1983)
Mrs Thorn in Class K by Trevor Peacock at the Royal Exchange, Manchester. (1985)
Anya Pavlikov in Nude With Violin by Noël Coward. Directed by Marianne Elliott at the Royal Exchange, Manchester. (1999)
References[edit]
^ Jump up to: a b c d "Rosalind Knight".
Jump up ^ "Rosalind Knight". TVGuide.com.
Jump up ^ Guide, British Comedy. "Su Pollard in Gimme Gimme Gimme - Gimme Gimme Gimme - British Comedy Guide". British Comedy Guide.
Jump up ^ McFarlane, Brian (16 May 2016). "The Encyclopedia of British Film: Fourth edition". Oxford University Press – via Google Books.
^ Jump up to: a b "About the life and work of English actor Esmond Knight". www.esmondknight.org.uk.
^ Jump up to: a b "Rosalind Knight - Biography, Movie Highlights and Photos - AllMovie". AllMovie.
Jump up ^ "Nicholas Nickleby Episode 2 (1957)".
Jump up ^ "Rosalind Knight". www.aveleyman.com.
Jump up ^ BBC. "Gimme Gimme Gimme".
Jump up ^ "Rosalind Knight - Theatricalia". theatricalia.com.
Jump up ^ Kellaway, Kate (29 October 2006). "Theatre: Kate Kellaway asks why is Marianne Elliott so little-known?". the Guardian.
External links[edit]
Rosalind Knight on IMDb
www.esmondknight.org.uk
Authority control
WorldCat Identities
VIAF: 73611352
LCCN: no2006078218
Retrieved from "https://en.wikipedia.org/w/index.php?title=Rosalind_Knight&oldid=836924703"
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1933 births
Living people
Actresses from London
English film actresses
English television actresses
People from Marylebone
20th-century English actresses
English stage actresses
Actors at the Royal Exchange, Manchester
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This page was last edited on 17 April 2018, at 17:40.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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text:
False Claims Act
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The False Claims Act,[1] also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government's primary litigation tool in combating fraud against the Government.[2] The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government (informally called "whistleblowing" especially when the relator is employed by the organization accused in the suit). Persons filing under the Act stand to receive a portion (usually about 15–25 percent) of any recovered damages.[3] As of 2012, over 70 percent of all federal Government FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from qui tam cases brought by relators.
Contents
[hide]
1 History
2 Provisions
3 1986 changes
4 2009 changes
5 2010 changes under the Patient Protection and Affordable Care Act
6 Practical application of the law
6.1 Federal income taxation of awards under FCA in the United States
7 Relevant decisions by the United States Supreme Court
8 State False Claims Acts and application in other jurisdictions
9 Rule 9(b) circuit split
10 ACLU et al. v. Holder
11 Examples
12 See also
13 References
14 External links
History[edit]
Qui tam laws have history dating back to the Middle Ages in England. In 1318, King Edward II offered one third of the penalty to the relator when the relator successfully sued government officials who moonlighted as wine merchants.[4] The Maintenance and Embracery Act 1540 of Henry VIII provided that common informers could sue for certain forms of interference with the course of justice in legal proceedings that were concerned with the title to land.[5] This act is still in force today in the Republic of Ireland, although in 1967 it was extinguished in England. The idea of a common informer bringing suit for damages to the Commonwealth was later brought to Massachusetts, where "penalties for fraud in the sale of bread [are] to be distributed one third to inspector who discovered the fraud and the remainder for the benefit of the town where the offense occurred."[4] Other statutes can be found on the colonial law books of Connecticut, New York, Virginia and South Carolina.[4]
The American Civil War (1861–1865) was marked by fraud on all levels, both in the Union north and the Confederate south. During the war, unscrupulous contractors sold the Union Army decrepit horses and mules in ill health, faulty rifles and ammunition, and rancid rations and provisions, among other unscrupulous actions.[6] In response, Congress passed the False Claims Act on March 2, 1863, 12 Stat. 696.[7] Because it was passed under the administration of President Abraham Lincoln, the False Claims Act is often referred to as the "Lincoln Law".[8]
Importantly, a reward was offered in what is called the qui tam provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. Qui tam is an abbreviated form of the Latin legal phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur ("he who brings a case on behalf of our lord the King, as well as for himself")[9] In a qui tam action, the citizen filing suit is called a "relator".[10][11] As an exception to the general legal rule of standing, courts have held that qui tam relators are "partially assigned" a portion of the government's legal injury, thereby allowing relators to proceed with their suits.[12]
U.S. Senator Jacob M. Howard, who sponsored the legislation, justified giving rewards to whistle blowers, many of whom had engaged in unethical activities themselves. He said, "I have based the [qui tam provision] upon the old-fashioned idea of holding out a temptation, and ‘setting a rogue to catch a rogue,’ which is the safest and most expeditious way I have ever discovered of bringing rogues to justice."[13]
In the massive military spending leading up to and during World War II, the US Attorney General relied on criminal provisions of the law to deal with fraud, rather than using the FCA. As a result, attorneys would wait for the Department of Justice to file criminal cases and then immediately file civil suits under the FCA, a practice decried as "parasitic" at the time. Congress moved to abolish the FCA but at the last minute decided instead to reduce the relator's share of the recovered proceeds.[14]:1267–1271[15]:6
The law was again amended in 1986, again due to issues with military spending. Under President Ronald Reagan's military buildup, reports of massive fraud among military contractors had become major news, and Congress acted to strengthen the FCA.[14]:1271–77
The law has always primarily been used against defense contractors but by the late 1990s, health care fraud began to receive more focus, accounting for approximately 40% of recoveries by 2008[14]:1271 Franklin v. Parke-Davis, filed in 1996, was the first case to apply the FCA to fraud committed against the government, due to bills submitted for payment by Medicaid/Medicare for treatments that those programs do not pay for as they are not FDA-approved or otherwise listed on a government formulary. FCA cases in the field of health care are often related to off-label marketing of drugs by drug companies, which is illegal under a different law, the Federal Food, Drug, and Cosmetic Act; the intersection occurs when off-label marketing leads to prescriptions being filled and bills for those prescriptions being submitted to Medicare/Medicaid.[16]
As of 2012, over 70 percent of all federal FCA actions were initiated by whistleblowers.[17]:229 The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from qui tam cases brought by relators.[18] In 2014, whistleblowers filed over 700 False Claims Act lawsuits.[19] In 2016, the Department of Justice had its third highest annual recovery in False Claims Act history, obtaining more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims against the government.[20] Since 2009 alone, the federal government has recovered $31.3 billion in False Claims Act settlements and judgments.[21][22]
Provisions[edit]
The Act establishes liability when any person or entity improperly receives from or avoids payment to the Federal government (tax fraud is excepted). The Act prohibits:
Knowingly presenting, or causing to be presented a false claim for payment or approval;
Knowingly making, using, or causing to be made or used, a false record or statement material to a false or fraudulent claim;
Conspiring to commit any violation of the False Claims Act;
Falsely certifying the type or amount of property to be used by the Government;
Certifying receipt of property on a document without completely knowing that the information is true;
Knowingly buying Government property from an unauthorized officer of the Government, and;
Knowingly making, using, or causing to be made or used a false record to avoid, or decrease an obligation to pay or transmit property to the Government.
Certain claims are not actionable, including:
certain actions against armed forces members, members of the United States Congress, members of the judiciary, or senior executive branch officials;[23]
claims, records, or statements made under the Internal Revenue Code of 1986 which would include tax fraud;[24]
There are unique procedural requirements in False Claims Act cases. For example:
a complaint under the False Claims Act must be filed under seal;[25]
the complaint must be served on the government but must not be served on the defendant;[25]
the complaint must be buttressed by a comprehensive memorandum, not filed in court, but served on the government detailing the factual underpinnings of the complaint.[26]
In addition, the FCA contains an anti-retaliation provision, which allows a relator to recover, in addition to his award for reporting fraud, double damages plus attorney fees for any acts of retaliation for reporting fraud against the Government.[27] This provision specifically provides relators with a personal claim of double damages for harm suffered and reinstatement.[28]
Under the False Claims Act, the Department of Justice is authorized to pay rewards to those who report fraud against the federal government and are not convicted of a crime related to the fraud, in an amount of between 15 and 25 (but up to 30 percent in some cases) of what it recovers based upon the whistleblower's report.[17]:219 The relator's share is determined based on the FCA itself, legislative history, Department of Justice guidelines released in 1997, and court decisions.[29]
1986 changes[edit]
(False Claims Act Amendments (Pub.L. 99–562, 100 Stat. 3153, enacted October 27, 1986)
The elimination of the "government possession of information" bar against qui tam lawsuits;
The establishment of defendant liability for "deliberate ignorance" and "reckless disregard" of the truth;
Restoration of the "preponderance of the evidence" standard for all elements of the claim including damages;
Imposition of treble damages and civil fines of $5,000 to $10,000 per false claim;
Increased rewards for qui tam plaintiffs of between 15–30 percent of the funds recovered from the defendant;
Defendant payment of the successful plaintiff's expenses and attorney's fees, and;
Employment protection for whistleblowers including reinstatement with seniority status, special damages, and double back pay.
2009 changes[edit]
Main article: Fraud Enforcement and Recovery Act of 2009
On May 20, 2009, the Fraud Enforcement and Recovery Act of 2009 (FERA) was signed into law. It includes the most significant amendments to the FCA since the 1986 amendments. FERA enacted the following changes:
Expanded the scope of potential FCA liability by eliminating the "presentment" requirement (effectively overruling the Supreme Court's opinion in Allison Engine Co. v. United States ex rel. Sanders, 128 S. Ct. 2123 (2008));
Redefined "claim" under the FCA to mean "any request or demand, whether under a contract or otherwise for money or property and whether or not the United States has title to the money or property" that is (1) presented directly to the United States, or (2) "to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest" and the government provides or reimburses any portion of the requested funds;
Amended the FCA's intent requirement, and now requiring only that a false statement be "material to" a false claim;
Expanded conspiracy liability for any violation of the provisions of the FCA;
Amended the "reverse false claims" provisions to expand liability to "knowingly and improperly avoid[ing] or decreas[ing] an obligation to pay or transmit money or property to the Government;"
Increased protection for qui tam plaintiffs/relators beyond employees, to include contractors and agents;
Procedurally, the government's complaint will now relate back to the qui tam plaintiff/relator's filing;
Provided that whenever a state or local government is named as a co-plaintiff in an action, the government or the relator "shall not [be] preclude[d]... from serving the complaint, any other pleadings, or the written disclosure of substantially all material evidence;"
Increased the Attorney General's power to delegate authority to conduct Civil Investigative Demands prior to intervening in an FCA action.
With this revision, the FCA now prohibits knowingly (changes are in bold):
Submitting for payment or reimbursement a claim known to be false or fraudulent.
Making or using a false record or statement material to a false or fraudulent claim or to an ‘obligation’ to pay money to the government.
Engaging in a conspiracy to defraud by the improper submission of a false claim.
Concealing, improperly avoiding or decreasing an ‘obligation’ to pay money to the government.
2010 changes under the Patient Protection and Affordable Care Act[edit]
On March 23, 2010, the Patient Protection and Affordable Care Act (also referred to as the health reform bill or PPACA) was signed into law by President Barack Obama. The Affordable Care Act made further amendments to the False Claims Act, including:
Changes to the Public Disclosure Bar. Under the previous version of the FCA, cases filed by private individuals or "relators" could be barred if it was determined that such cases were based on a public disclosure of information arising from certain proceedings, such as civil, criminal or administrative hearings, or news media reports. As a result, defendants frequently used the public disclosure bar as a defense to a plaintiff's claims and grounds for dismissal of the same. PPACA amended the language of the FCA to allow the federal government to have the final word on whether a court may dismiss a case based on a public disclosure. The language now provides that "the court shall dismiss an action unless opposed by the Government, if substantially the same allegations or transaction alleged in the action or claim were publicly disclosed." See 31 U.S.C. 3730(e)(4)(A).
Original Source Requirement. A plaintiff may overcome the public disclosure bar outlined above if they qualify as an "original source," the definition of which has also been revised by PPACA. Previously, an original source must have had "direct and independent knowledge of the information on which the allegations are based." Under PPACA, an original source is now someone who has "knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions." See 31 U.S.C. 3730(e)(4)(B).
Overpayments. FERA redefined "obligation" under the FCA to include "retention of any overpayments." Accordingly, such language imposed FCA liability on any provider who received Medicare/Medicaid overpayments (accidentally or otherwise) and fails to return the money to the government. However, FERA also raised questions as to what exactly is involved in the "retention of overpayments" – for example, how long a provider had to return monies after discovering an overpayment. PPACA clarified the changes to the FCA made by FERA. Under PPACA, overpayments under Medicare and Medicaid must be reported and returned within 60 days of discovery, or the date a corresponding hospital report is due. Failure to timely report and return an overpayment exposes a provider to liability under the FCA.
Statutory Anti-Kickback Liability. The federal Anti-Kickback Statute, 42 U.S.C. 1320a-7b(b) (AKS) is a criminal statute which makes it improper for anyone to solicit, receive, offer or pay remuneration (monetary or otherwise) in exchange for referring patients to receive certain services that are paid for by the government. Previously, many courts had interpreted the FCA to mean that claims submitted as a result of AKS violations were false claims and therefore gave rise to FCA liability (in addition to AKS penalties). However, although this was the "majority rule" among courts, there were always opportunities for courts to hold otherwise. Importantly, PPACA changed the language of the AKS to provide that claims submitted in violation of the AKS automatically constitute false claims for purposes of the FCA. Further, the new language of the AKS provides that "a person need not have actual knowledge … or specific intent to commit a violation" of the AKS. Accordingly, providers will not be able to successfully argue that they did not know they were violating the FCA because they were not aware the AKS existed.
Practical application of the law[edit]
The False Claims Act has a detailed process for making a claim under the Act. Mere complaints to the government agency are insufficient to bring claims under the Act. A complaint (lawsuit) must be filed in U.S. District Court (federal court) in camera (under seal). After an investigation by the Department of Justice within 60 days, or frequently several months after an extension is granted, the Department of Justice decides whether it will pursue the case.
If the case is pursued, the amount of the reward is less than if the Department of Justice decides not to pursue the case and the plaintiff/relator continues the lawsuit himself. However, the success rate is higher in cases that the Department of Justice decides to pursue.
Technically, the government has several options in handing cases. These include:
intervene in one or more counts of the pending qui tam action. This intervention expresses the Government's intention to participate as a plaintiff in prosecuting that count of the complaint. Fewer than 25% of filed qui tam actions result in an intervention on any count by the Department of Justice.
decline to intervene in one or all counts of the pending qui tam action. If the United States declines to intervene, the relator may prosecute the action on behalf of the United States, but the United States is not a party to the proceedings apart from its right to any recovery. This option is frequently used by relators and their attorneys.
move to dismiss the relator's complaint, either because there is no case, or the case conflicts with significant statutory or policy interests of the United States.
In practice, there are two other options for the Department of Justice:
settle the pending qui tam action with the defendant prior to the intervention decision. This usually, but not always, results in a simultaneous intervention and settlement with the Department of Justice (and is included in the 25% intervention rate).
advise the relator that the Department of Justice intends to decline intervention. This usually, but not always, results in dismissal of the qui tam action, according to the U.S. Attorneys' Office of the Eastern District of Pennsylvania.[30]
There is case law where claims may be prejudiced if disclosure of the alleged unlawful act has been reported in the press, if complaints were filed to an agency instead of filing a lawsuit, or if the person filing a claim under the act is not the first person to do so. Individual states in the U.S. have different laws regarding whistleblowing involving state governments.
Federal income taxation of awards under FCA in the United States[edit]
The U.S. Internal Revenue Service (IRS) takes the position that, for Federal income tax purposes, qui tam payments to a relator under FCA are ordinary income and not capital gains. The IRS position was challenged by a relator in the case of Alderson v. United States[31] and, in 2012, the U.S. Court of Appeals for the Ninth Circuit upheld the IRS' stance. As of 2013, this remained the only circuit court decision on tax treatment of these payments.[32]
Relevant decisions by the United States Supreme Court[edit]
In a 2000 case, Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U.S. 765 (2000),[9] the United States Supreme Court held that a private individual may not bring suit in federal court on behalf of the United States against a State (or state agency) under the FCA. In Stevens, the Supreme Court also endorsed the "partial assignment" approach to qui tam relator standing to sue, which had previously been articulated by the Ninth Circuit Federal Court of Appeals and is an exception to the general legal rule for standing.[9][33][34]
In a 2007 case, Rockwell International Corp. v. United States, the United States Supreme Court considered several issues relating to the "original source" exception to the FCA's public-disclosure bar. The Court held that (1) the original source requirement of the FCA provision setting for the original-source exception to the public-disclosure bar on federal-court jurisdiction is jurisdictional; (2) the statutory phrase "information on which the allegations are based" refers to the relator's allegations and not the publicly disclosed allegations; the terms "allegations" is not limited to the allegations in the original complaint, but includes, at a minimum, the allegations in the original complaint as amended; (3) relator's knowledge with respect to the pondcrete fell short of the direct and independent knowledge of the information on which the allegations are based required for him to qualify as an original source; and (4) the government's intervention did not provide an independent basis of jurisdiction with respect to the relator.
In a 2008 case, Allison Engine Co. v. United States ex rel. Sanders, the United States Supreme Court considered whether a false claim had to be presented directly to the Federal government, or if it merely needed to be paid with government money, such as a false claim by a subcontractor to a prime contractor. The Court found that the claim need not be presented directly to the government, but that the false statement must be made with the intention that it will be relied upon by the government in paying, or approving payment of, a claim.[35] The Fraud Enforcement and Recovery Act of 2009 reversed the Court's decision and made the types of fraud to which the False Claims Act applies more explicit.[36]
In a 2009 case, United States ex rel. Eisenstein v. City of New York,[37] the United States Supreme Court considered whether, when the government declines to intervene or otherwise actively participate in a qui tam action under the False Claims Act, the United States is a "party" to the suit for purposes of Federal Rule of Appellate Procedure 4(a)(1)(A) (which requires that a notice of appeal in a federal civil action generally be filed within 30 days after entry of a judgment or order from which the appeal is taken). The Court held that when the United States has declined to intervene in a privately initiated FCA action, it is not a "party" for FRAP 4 purposes, and therefore, petitioner's appeal filed after 30 days was untimely.
In a 2016 case, Universal Health Services, Inc. v. United States ex rel. Escobar,[38]the United States Supreme Court sought to clarify the standard for materiality under the FCA. The court unanimously upheld the implied certification theory of FCA liability and strengthened the FCA’s materiality requirement.
State False Claims Acts and application in other jurisdictions[edit]
As of 2014, thirty states and the District of Columbia have also created false-claims statutes to protect their publicly funded programs from fraud by including qui tam provisions, which enables them to recover money at state level.[39][40][41] Some of these state False Claims Act statutes provide similar protections to those of the federal law, while others limit recovery to claims of fraud related to the Medicaid program.[42]
The California False Claims Act was enacted in 1987, but lay relatively dormant until the early 1990s, when public entities, frustrated by what they viewed as a barrage of unjustified and unmeritorious claims, began to employ the False Claims Act as a defensive measure.[43]
In Australia, there have been calls since 2011 for legislation modeled on the False Claims Act and for their application to the tobacco industry and carbon pricing schemes[44][45]
In October 2013, the UK Government announced that it is considering the case for financially incentivising individuals reporting fraud in economic crime cases by private sector organisations, in an approach much like the US False Claims Act.[46] The 'Serious and Organised Crime Strategy' paper released by the UK's Secretary of State for the Home Department sets out how that government plans to take action to prevent serious and organised crime and strengthen protections against and responses to it. The paper asserts that serious and organised crime costs the UK more than £24 billion a year. In the context of anti-corruption, the paper acknowledges that there is a need to not only target serious and organised criminals but also support those who seek to help identify and disrupt serious and organised criminality. Three UK agencies, the Department for Business, Innovation & Skills, the Ministry of Justice and the Home Office have been tasked with considering the case for a US-style False Claims Act in the UK.[46]
Rule 9(b) circuit split[edit]
Under Rule 9(b) of the Federal Rules of Civil Procedure, allegations of fraud or mistake must be pleaded with particularity.[47] All appeals courts to have address the issue of whether Rule 9(b) pleading standards apply to qui tam actions have held that the heightened standard applies.[48] The Fifth Circuit,[49] the Sixth Circuit,[50] the Seventh Circuit,[51] the Eighth Circuit,[52] the Tenth Circuit,[53] and the Eleventh Circuit[54] have all found that plaintiffs must allege specific false claims.
In 2010, the First Circuit decision in U.S. ex rel. Duxbury v. Ortho Biotech Prods., L.P.(2009) and the Eleventh Circuit ruling in U.S. ex rel. Hopper v. Solvay Pharms., Inc.(2009) were both appealed to the U.S. Supreme Court. The Court denied certiorari for both cases, however, declining to resolve the divergent appeals court decisions.[55]
ACLU et al. v. Holder[edit]
In 2009, the American Civil Liberties Union (ACLU), Government Accountability Project (GAP) and OMB Watch filed suit against the Department of Justice challenging the constitutionality of the "seal provisions" of the FCA that require the whistleblower and the court to keep lawsuits confidential for at least 60 days. The plaintiffs argued that the requirements infringe the First Amendment rights of the public and the whistleblower, and that they violate the division of powers, since courts are not free to release the documents until the executive branch acts.[56] The government moved for dismissal, and the district court granted that motion in 2009.[57] The plaintiffs appealed, and in 2011 their appeal was denied.[58]
Examples[edit]
In 2010, a subsidiary of Johnson & Johnson agreed to pay over $81 million in civil and criminal penalties to resolve allegations in a FCA suit filed by two whistleblowers.[59] The suit alleged that Ortho-McNeil-Janssen Pharmaceuticals, Inc. (OMJPI) acted improperly concerning the marketing, promotion and sale of the anti-convulsant drug Topamax. Specifically, the suit alleged that OMJPI "illegally marketed Topamax by, among other things, promoting the sale and use of Topamax for a variety of psychiatric conditions other than those for which its use was approved by the Food and Drug Administration, (i.e., "off-label" uses)." It also states that "certain of these uses were not medically accepted indications for which State Medicaid programs provided coverage" and that as a result "OMJPI knowingly caused false or fraudulent claims for Topamax to be submitted to, or caused purchase by, certain federally funded healthcare programs.[59]
In response to a complaint from whistleblower Jerry H. Brown II, the US Government filed suit against Maersk for overcharging for shipments to US forces fighting in Iraq and Afghanistan. In a settlement announced on 3 January 2012, the company agreed to pay $31.9 million in fines and interest, but made no admission of wrongdoing. Brown was entitled to $3.6 million of the settlement.[60][61]
In 2014, CareFusion paid $40.1 million to settle allegations of violating the False Claims Act by promoting off label use of its products in the case United States ex rel. Kirk v. CareFusion et al., No. 10-2492. The government alleged that CareFusion promoted the sale of its drug ChloraPrep for uses that were not approved by the FDA.[62] ChloraPrep is the commercial name under which CareFusion produced the drug chlorhexidine, used to clean the skin before surgery. In 2017, this case was called into question and was under review by the DOJ because the lead attorney for the DOJ serving as Assistant Attorney General in the case, Jeffery Wertkin, was arrested by the FBI on January 31, 2017 for allegedly attempting to sell a copy of a complaint in a secret whistleblower suit that was under seal.[63][64]
See also[edit]
Fr. John Corapi
Making false statements
Medicare Fraud
Private attorney general
War profiteering
References[edit]
Jump up ^ 31 U.S.C. §§ 3729 to 3733
Jump up ^ United States ex rel. Steury v. Cardinal Health, Inc., 625 F.3d 262, 267 (5th Cir.2010); ("The FCA is the Government's primary litigation tool for recovering losses resulting from fraud.")
Jump up ^ "False Claims Act » Constantine Cannon". Retrieved 2017-12-05.
^ Jump up to: a b c C. Doyle, writing for the Congressional Research Service (2009): "Qui Tam: The False Claims Act and Related Federal Statutes"
Jump up ^ The Law Commission. Proposals to Abolish Certain Ancient Criminal Offences. HMSO. 1966. Paragraph 6(a) at page 4.
Jump up ^ Lahman, Larry D. ""Bad Mules: A Primer on the Federal False Claims Act", 76 Okla. B. J. 901, 901 (2005)" (PDF). michbar.org.
Jump up ^ Hubbard v. United States, 514 U.S. 695 (1995), at 704
Jump up ^ "Qui Tam A History". Whistleblower Info. Retrieved 2012-01-23.
^ Jump up to: a b c Vt. Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 769 n.1 (2000).
Jump up ^ ("A ‘relator’ is ‘[a] party in interest who is permitted to institute a proceeding in the name of the People or the Attorney General when the right to sue resides solely in that official.’ Black's Law Dictionary 1289 (6th ed. 1990).")
Jump up ^ A relator is one who relates the fraud action on behalf of the Government. See United States ex rel. Karvelas v. Melrose-Wakefield Hosp., 360 F.3d 220, 226 n.7 (1st Cir. 2004).
Jump up ^ See Nathan D. Sturycz, The King and I?: An Examination of the Interest Qui Tam Relators Represent and the Implications for Future False Claims Act Litigation, 28 St. Louis Pub. L. Rev. 459 (2009)
Jump up ^ Vt. Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 769 n.1 (2000); see also "When Bad Things Happen to Good Rogues". Pacific Standard. Retrieved 29 August 2013.
^ Jump up to: a b c James B. Helmer Jr., False Claims Act: Incentivizing Integrity for 150 Years for Rogues, Privateers, Parasites and Patriots 81 U. Cin. L. Rev.(2013)
Jump up ^ Charles Doyle, Senior Specialist in American Public Law, for the Congressional Research Service. August 6, 2009 Qui Tam: The False Claims Act and Related Federal Statutes
Jump up ^ Joseph JN, et al. Enforcement Related to Off-Label Marketing and Use of Drugs and Devices: Where Have We Been and Where Are We Going? Journal of Health & Life Sciences Law 2(2):73-108. January 2009
^ Jump up to: a b Joel D Hesch. Breaking the Siege: Restoring Equity and Statutory Intent to the Process of Determining Qui Tam Relator Awards Under the False Claims Act, Thomas M. Cooley Law Review 29(2):217-283 (2012).
Jump up ^ US Department of Justice. Fraud Statistics – Overview, October 1, 1987 - September 30, 2013
Jump up ^ Mahany, Brian (26 February 2015). "Mortgage Servicers and the Need for Whistleblowers". The National Law Review. Mahany Law. Retrieved 2 March 2015.
Jump up ^ "Justice Department Recovers Over $4.7 Billion From False Claims Act Cases in Fiscal Year 2016". www.justice.gov. Retrieved 2017-09-08.
Jump up ^ "FRAUD STATISTICS - OVERVIEW". Civil Division, U.S. Department of Justice. December 13, 2016. Retrieved September 8, 2017.
Jump up ^ "DOJ Releases its 2016 False Claims Act Recovery Statistics". The National Law Review. Retrieved 2017-09-08.
Jump up ^ "Federal False Claims Act – 31 U.S.C. § 3730(e)(1) and (2)". Qui Tam Guide. Retrieved 2008-05-04. (31 U.S.C. § 3730)
Jump up ^ "Federal False Claims Act – 31 U.S.C. § 3729(e)". Qui Tam Guide. Retrieved 2008-05-04. (31 U.S.C. § 3729)
^ Jump up to: a b 31 U.S.C. § 3730(b)(2).
Jump up ^ The FCA requires each relator to supply the Government with a statement of material evidence ("SME") containing all information and documents they possess that support the FCA allegations. 31 U.S.C. § 3730(b)(2).
Jump up ^ 31 U.S.C. § 3720(h). To prevail on a § 3730(h) retaliation claim, the relator must establish these three elements: (1) the employee was engaging in conduct protected by the FCA, (2) the employer knew the employee was engaging in protected conduct, and (3) the employer discriminated against the employee because of his or her protected conduct. Id.
Jump up ^ 31 U.S.C. § 3730(h).
Jump up ^ John C. Moylan. January 2012 Recoveries and Protections for Whistleblowers Under the False Claims Act
Jump up ^ False Claims Act Cases: Government intervention in Qui Tam (whistleblower) suits – Memo of the U.S. Attorneys' Office of the Eastern District of Pennsylvania
Jump up ^ 686 F.3d 791 (9th Cir. 2012).,
Jump up ^ Robert W. Wood and Dashiell C. Shapiro Blowing the Whistle on Taxing Whistleblower Recoveries Tax Notes, December 2, 2013. pp. 983-988
Jump up ^ Nathan D. Sturycz, The King and I?: An Examination of the Interest Qui Tam Relators Represent and the Implications for Future False Claims Act Litigation 28 St. Louis Pub. L. Rev. 459 (2009).
Jump up ^ For the general standing rule, see Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)
Jump up ^ Opinion of the Court, Allison Engine Co. v. United States ex rel. Sanders, 553 U. S. __ (2008), part II(C).
Jump up ^ Senate Judiciary Committee (March 23, 2009). "Senate Report 111-10, part III". Retrieved 2009-05-26. This section amends the FCA to clarify and correct erroneous interpretations of the law that were decided in Allison Engine Co. v. United States ex rel. Sanders, 128 S. Ct. 2123 (2008), and United States ex. rel. Totten v. Bombardier Corp, 380 F.3d 488 (D.C. Cir. 2004).
Jump up ^ Supreme Court Of The United States. United States Ex Rel. Eisenstein v. City of New York, New York, et al. Certiorari To The United States Court Of Appeals for the Second Circuit No. 08–660. Argued April 21, 2009. Decided June 8, 2009. [1]
Jump up ^ Supreme Court Of The United States. Universal Health Services, Inc. v. United States ex rel. Escobar. Certiorari To The United States Court Of Appeals for the First Circuit No. 15–7. Argued April 19, 2016. Decided June 16, 2016 [2]
Jump up ^ "State and Local False Claims Acts » Constantine Cannon". Retrieved 2017-12-05.
Jump up ^ Taxpayers Against Fraud Education Fund Success At The State Level Page accessed August 9, 2014
Jump up ^ James F. Barger Jr., Pamela H. Bucy, Melinda M. Eubanks, Marc A. Raspanti, "States, Statutes, and Fraud: An Empirical Study of Emerging State False Claims Acts" Tulane Law Review (2005).
Jump up ^ Taxpayers Against Fraud Education Fund States With False Claims Acts Page accessed August 9, 2014
Jump up ^ James W. Taylor and Brian Taugher The California False Claims Act Public Contract Law Journal Vol. 25, No. 2, [State and Local Government] (Winter 1996), pp. 315-333
Jump up ^ Thomas A Faunce, Gregor Urbas and Lesley Skillen. Implementing US-style anti-fraud laws in the Australian pharmaceutical and health care industries. Med J Aust 2011; 194 (9): 474-478. (accessed 2 May 2011)
Jump up ^ Ben Allen for the Sydney Morning Herald, 7 May 2013 Pay the piper, and we may end public fraud
^ Jump up to: a b Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty. October 2013 Serious and Organised Crime Strategy
Jump up ^ Federal Rules of Procedure. Fed.R.Civ.P. 9(b)
Jump up ^ Recent Cases : False Claims Act — Jurisdiction — First Circuit Adopts Plain Meaning of Requirement that Plaintiffs Give Government their Information Before Filing Suit. United States ex rel. Duxbury v. Ortho Biotech Products, L.P., 579 F.3d 13 (1st Cir. 2009).
Jump up ^ United States Court Of Appeals for The Fifth Circuit Decision. May 5, 2014. United States Of America Ex Rel. John Dee Spicer, Chapter 7 Trustee, Substituted As Qui Tam Plaintiff And Relator Per #122 Order, Trustee, for the Bankruptcy Estate of Westbrook Navigator, Plaintiff–Appellant–Appellee, v. Clifford Westbrook, Qui Tam Plaintiff And Relator, Plaintiff–Appellant, v. Navistar Defense, L.L.C., Formerly Known As International Military & Government, L.L.C.; Navistar, Incorporated; Defiance Metal Products Company; Jerry Bell, Individually, Doing Business as Bell's Conversions, Incorporated, Doing Business As Bell's Custom Conversions; and Bell's Conversions, Incorporated, Doing Business As Bell's Custom Conversions, Defendants–Appellees. No. 12-10858 Fifth Circuit Decision
Jump up ^ United States Court Of Appeals for The Sixth Circuit Decision. May 12, 2006. Philip H. Sanderson, Plaintiff-Appellant, v. HCA-The Healthcare Company; Columbia Health Care Corporation; Hospital Corporation of America; and Healthtrust Inc., Defendants-Appellees. No. 04-6342 Sixth Circuit Decision
Jump up ^ United States Court of Appeals, Seventh Circuit Decision. June 30, 2009 United States of America on the relation of Curtis J. Lusby, Plaintiff-Appellant, v. Rolls-Royce Corporation, Defendant-Appellee. No. 08-3593. Seventh Circuit Decision
Jump up ^ United States Court of Appeals, Eight Circuit Decision. May 5, 2011. United States of America ex rel. Rudy Vigil, Plaintiff Relator - Appellant, v. Nelnet, Inc.; JP Morgan Chase & Co.; Citigroup, Inc., Defendants - Appellees. No. 10-1784 Eight Circuit Decision
Jump up ^ United States Court of Appeals, Tenth Circuit Decision. December 5, 2006. UNITED STATES of America, ex rel. Edyth L. Sikkenga, and Edyth L. Sikkenga, on her own behalf, Plaintiffs-Appellants, v. Regence Bluecross Blueshield of Utah, formerly known as Blue Cross and Blue Shield of Utah; Associated Regional and University Pathologists, Inc.; John P. Mitchell; Jed H. Pitcher; and Frank Brown, Defendants-Appellees. No. 05-4088. Tenth Circuit Decision
Jump up ^ United States Court Of Appeals for The Eleventh Circuit Decision. December 4, 2009. James Hopper, Colin Hutto, Plaintiffs-Appellants, v. Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, Inc. United States Of America, Defendants-Appellees. No. 08-15810 Eleventh Circuit Decision
Jump up ^ Ortho Biotech Prods., L.P. v. United States ex rel. Duxbury, 78 U.S.L.W. 3361 (U.S. June 21, 2010) and United States ex rel. Hopper v. Solvay Pharms., Inc., 78 U.S.L.W. 3531 (U.S. June 21, 2010) Denial of certiorari
Jump up ^ Melissa Maleske for Inside Counsel. July 1, 2009. False Claims Act Procedures Go to Court
Jump up ^ District Judge Liam O'Grady August 21, 2009. American Civil Liberties Union et al v. Mukasey et al - Document 39. Decision
Jump up ^ The Jurist. March 29, 2011 Federal appeals court upholds secrecy provision of whistleblower law
^ Jump up to: a b US Department of Justice Press Release. April 29, 2010 Two Johnson & Johnson Subsidiaries to Pay Over $81 Million to Resolve Allegations of Off-Label Promotion of Topamax
Jump up ^ Bob, Egelko for the San Francisco Chronicle January 4, 2012 "$31.9 Million Settlement In Shipping Suit
Jump up ^ US Department of Justice Press Release. Jan 3 2012 USDOJ: Maersk Line to Pay Us $31.9 Million to Resolve False Claims Allegations for Inflated Shipping Costs to Military in Afghanistan and Iraq
Jump up ^ "CareFusion to Pay the Government $40.1 Million to Resolve Allegations That Include More Than $11 Million in Kickbacks to One Doctor". www.justice.gov. Retrieved 2017-09-06.
Jump up ^ "Whistleblower Lawyers Fret Over Leaks After Akin Gump Partner's Arrest". National Law Journal. Retrieved 2017-09-06.
Jump up ^ Roberts, Jeff John. "Lawyer Charged for Trying to Sell Secret Tech Whistleblower Case". Fortune. Retrieved 2017-09-06.
External links[edit]
The False Claims Act overview
Blog covering developments in the False Claims Act
Department of Justice Presentation on University of Washington Overbilling Case from UW public website (pdf)
Taxpayers Against Fraud Education Fund
What is the False Claims Act?
masslawyersweekly.com
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