1E9Ct5D

government scrutinizes whistleblower motivation but operates with the fundamentalperspective that the only real issue is whether a relator is able to provide cogentevidence of wrongdoing.In addition to recognizing the value represented bywhistleblowers as internal sources of information about potentially fraudulent conduct,the government is also keenly interested in understanding a target company and itsmanagement’s actions in response to reported problems. The DOJ carefully evaluatesmanagement’s response to whistleblower complaints and related company efforts toensure compliance with the law.At the end of the day, whistleblowers and their relator counsel are increasingly beingrelied upon and used by DOJ and its investigators to assist in the identification anddevelopment of these cases. This circumstance offers the government the furtherbenefit of assisting in the attainment of its fraud enforcement agenda without theinvestment of the government’s own investigative time and resources that wouldotherwise be required.2. Recent FCA Whistleblower Case SettlementsA sampling of reported FCA settlements and cases last year includes the following:Bank of America Corporation (Countrywide) – $1.85 billion to resolve formerexecutive’s FCA complaint relating to the origination and sale of mortgages to FannieMae and Freddie Mac. Relator awarded $58 million. 9Johnson & Johnson (Janssen Pharmaceuticals and Scios subsidiaries) – $1.1billion settlement in resolution of FCA claims relating to the promotion of drugs forunapproved uses. Multiple whistleblowers paid rewards over $167 million. 109 Id.5