Practice Areas Overview
At Boyd & Associates in Dallas, Texas, the firm principal, Sam Boyd, is an experienced trial lawyer with over 40 years of practice and a proven record of success. The firm practices before many state and federal courts at the trial and appellate level. He has represented Relators, Plaintiffs, individuals and businesses in complex and high stakes litigation matters. Our firm in its new Joint Venture with Bragalone Conroy PC will continue to handle litigation involving:
- False Claims Act Whistleblowing: The federal False Claims Act, 31 U.S.C. § 3729, et seq., makes it illegal for persons or businesses to knowingly make false or fraudulent claims to the United States government for payment or approval. Common types of fraudulent claims for payment include claims made by Health Providers, Hospitals, Medical and Pharmaceutical companies for reimbursement under federal Medicare and Medicaid programs (CMS). As well, many other cases involve military contractors, national financial institutions and major government contracts. Individuals and businesses that submit false claims to the United States are often subject to large damages and penalties. Whistleblowers are entitled to a Relator’s Share from the Government’s recovery. That share, depending on circumstances, may vary between 15% to 30% of the Government’s recovery in a case.
- Qui Tam Whistleblowing: A writ of qui tam is a procedure by which a private individual who assists the government in a prosecution can receive some part of the money damages recovered by the government. Under Section 3730 of the False Claims Act, an individual who has non-public knowledge or information that an individual or business submitted or caused the submission of a false or fraudulent claim may bring a lawsuit on behalf of the United States government. If the government recovers money damages, this individual (the “whistleblower” or “realtor”) is entitled to a qui tam award in the amount of 15% to 25% of the monies recovered by the government. If the government declines to intervene and take over the prosecution of the case, the whistleblower award increases to an amount from 25% to 30% of all recoveries.
- Securities Fraud Whistleblowing: Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act which authorized, under Section 922, the SEC to pay rewards to individuals who provide the SEC with original information which enables the SEC to successfully settle or conclude an SEC enforcement action or related actions. The new law is intended to reward persons who act timely and provide significant evidence that enables the SEC to be successful in its enforcement action. The whistleblower must provide the information voluntarily before the government or other oversight organizations request the information. The information must be known independently by the whistleblower and not derived (exclusively) from public information or already known by the SEC. The tipping point for the whistleblower expecting a reward is that the SEC’s recovery must exceed a cumulative total of $1 million in order for the whistleblower to be entitled to a reward. The larger, the better. The reward will be paid from the Investor Protection Fund which has already been established. A successful whistleblower will be entitled to collect between 10%-30% of the wrongdoer’s payments to the Commission. Finally, as you might suppose, the whistleblower can’ be the person who directed, planned or initiated the fraud. If you believe that you may have valuable information of a Securities Fraud violation involving substantial funds, feel free to contact us to confer about your qualifications to become a SEC whistleblower.
- IRS Tax Fraud Whistleblowing: Structured in similar ways to the SEC whistleblowing program, the IRS program targets persons commiting tax fraud on the United States. If the IRS uses information provided by the whistleblower and recovers money from the persons who unlawfully failed to pay their taxes, the IRS may pay 15%-30% of the amount collected if the collected taxes, penalties, interest and other amounts in dispute exceed $2 milion. Once a recovery is obtained, if the whistleblower is dissatisfied with his/her award, there is a right of appeal to the Tax Court. The whistleblowing rules are set forth in IRC Section 7623(b) (Whistleblower rules). Again, if you believe that you have valuable information of an IRS fraud involving substantial funds (often shifted overseas), feel free to contact us to confer about your qualifications to become a IRS whistleblower.
- Easy Cases, Large Damages: The firm heartily invites those persons with cases involving easy proof of liability and large damages claims from liquid wrongdoers to contact us. The firm has never seen such a case, but we are open-minded about accepting such work.