The Anti-Fraud Coalition’s 24th Annual Conference was held on September 25 to 27, 2024 in Washington, DC. TAF Coalition Conference brings together attorneys who are dedicated to supporting whistleblowers to discuss recent developments under the False Claims Act (FCA) and other whistleblower laws.
2024 John Phillips Leadership Award: Jeb White
During the conference, TAF Coalition’s previous President & CEO, Jeb White was awarded the 2024 John Phillips Leadership Award, an award named after the organization’s founder that recognizes leadership and commitment to TAF.
“Honest Abe” Integrity in Government Award: Dan Fruchter
The 2024 “Honest Abe” Integrity in Government Award, which recognizes dedication to public service and commitment to False Claims Act enforcement was bestowed to Dan Fruchter, the Chief of the Fraud & White Collar Crime Unit for the United States Attorney’s Office for the Eastern District of Washington.
2024 Lawyers of the Year Award
Attorneys from Berger Montague and Reese Marketos were awarded the Lawyers of the Year Award for their work on two notable cases:
- United States ex rel. Penelow v. Janssen Products, LP: Resulted in a $150 million jury verdict for illegal off-label marketing of HIV/AIDS treatment drugs.
- United States ex rel. Silver v. Omnicare, Inc., PharMerica Corp., et al.: Resulted in a $100 million settlement for allegations of below-cost drug pricing practices.
2024 Whistleblower of the Year Award: Dr. Ray Edler
Finally, the 2024 Whistleblower of the Year was awarded to Dr. Ray Edler who filed an FCA case alleging pervasive EMS training fraud which resulted in errors such as failed intubations and, likely, preventable deaths.
Highlights from Conference Panels
There were other notable highlights from the conference panels, shedding light on important cases.
Paycheck Protection Program (PPP) Fraud
Jason Marcus, alongside experts Frank Amanat, James (Jeb) Bobseine, and Eric Benderson, led a panel discussion on PPP loan fraud. The panel explored ineligibility cases where borrowers failed to meet criteria, such as omitting affiliates in employee calculations or belonging to industries like marijuana companies. PPP whistleblowers, who often use data mining to detect fraud, have been awarded shares of the government’s recovery. Notable cases include:
- United States ex rel. Sidesolve v. Empire Roofing: A $9 million settlement involving a borrower ineligible due to size.
- United States ex rel. Sidesolve v. Docklight Brands: A $989,438 settlement with a marijuana company ineligible for PPP loans.
Civil Cyber Fraud Initiative and FCA Cases
Julie Bracker moderated a panel discussing cybersecurity fraud under the DOJ’s Civil Cyber Fraud Initiative. This initiative targets government contractors providing deficient cybersecurity products and services. Panelists Rachel Rose, Vince McKnight, and Chris Terranova covered key fact patterns in FCA cases, such as false SPRS scores in Department of Defense databases.
The panel offered guidance on recognizing common fact patterns that form the basis for an FCA case, such as where a company inserts false SPRS scores into the Department of Defense database. These cases, importantly, expose government contractors who place our national security at risk by providing inadequate cybersecurity to the government.
Julie Bracker’s work in FCA cybersecurity cases includes:
- United States ex rel. Decker v. Penn State University
- United States ex rel. Craig v. Georgia Tech Research Corp. et al.
These demonstrate the significance of cybersecurity whistleblowers and their support within the community.
Conference Takeaways
Bracker & Marcus partners Jason Marcus and Julie Bracker were faculty at the conference, speaking on two important and trending areas—PPP loan and cybersecurity fraud. Jason Marcus moderated the panel called “Paycheck Protection Program Fraud” and was joined by Frank Amanat of Motley Rice; James (Jeb) Bobseine, Assistant United States Attorney for the Western District of New York; and Eric Benderson from the Small Business Administration.