How does the Department of Justice decide to pursue certain False Claims Act cases over others?

If you are an employee and you are considering filing a False Claims Act (FCA) case against your employer, you’ve likely done your research. If you have, you are aware that the Department of Justice (DOJ) does not intervene in every case that gets filed. While the government not intervening in an FCA case doesn’t kill the case, it does make it a lot harder. If the government doesn’t utilize their resources in an FCA case that means someone has to pick up the slack (you and your lawyer.)

The natural question is how does the DOJ decide which cases to pursue? As you may imagine, the DOJ has many cases to choose from. Kevin Darken, a renowned Tampa lawyer at the Barry A. Cohen Law Group, gave us this insight from his over 20 years of being involved in these types of cases: […]

What protections are in place for whistleblowers?

It takes a great deal of courage to be willing to stand out against wrongdoing of any kind, especially when it involves your employer. You feel a certain obligation to keep quiet. However, you also feel obligated to do the right thing when your employer is making false claims against the government. Beyond civil violations, there may be criminal violations as well. There may even be health and safety risks involved. Knowledge of these violations compel you to act, but there may be one other feeling preventing you from doing what’s right, fear. What if you get demoted? What if you lose your job? How will you support your family?

To prevent employees from being the victims of retaliation from their employers, two protections are in place: […]

Invitation to Hold Community Discussion on Police Misconduct

The Barry A. Cohen Legal Team
Barry A. Cohen
201 E. Kennedy Blvd. Suite 1950
Tampa, FL 33602
(813) 225-1655

February 23, 2015

Dear Community Leaders,

As you probably know, my law firm frequently finds itself involved in cases involving police misconduct […]

Open Letter to the FL Office of the Attorney General

To: FL Office of the Attorney General
From: Barry A. Cohen, Esq.
Date: 20 February 2015
Subject: Phil McNiff deserves respect for his demonstrated professionalism as the Special Agent in charge of the FBI

I just returned from the […]

Why Netanyahu’s Congressional Address is Vital to Our Safety

I am compelled to speak out against what I believe is a serious error in judgment on the part of the Obama administration and the Democratic party and one that I fear may have horrific […]

When does a campaign contribution cross the line into criminality?

Thursday, 12 March 2009
On March 6, 2008, the U. S. Court of Appeals for the Eleventh Circuit unanimously affirmed the bribery and mail fraud convictions of HCA founder Richard Scrushy. In the same opinion, the […]

IRS offers limited amnesty

Friday, 10 April 2009
In a recent memo, the IRS establishes a procedure offering partial amnesty for taxpayers with undisclosed foreign bank accounts. The deadline to apply for the amnesty is September, 23, 2009. Particular attention […]

Supreme Court search and seizure decision overrules 28 years of precedent

Thursday, 23 April 2009
Earlier this week, the U.S. Supreme Court, in Arizona v. Gant, ruled that police “may only search a vehicle incident to a recent occupant’s arrest if the arrestee is within reaching distance […]

Client’s Silence in Child Custody hearing leads to Years In Prison

Tuesday, 12 May 2009
In a disturbing opinion, a U.S. Court of Appeals has over-turned a writ of habeas corpus in a case where a prosecutor repeatedly made improper references during trial to the defendant’s failure […]

Intentional Sixth Amendment violation offers no protection to defendant

Wednesday, 03 June 2009
We all remember Massiah v. U.S. from law school. That is the 1964 case where the Supreme Court ruled that the police may not plant an informant in a cell with a […]

Inspector General Slaps SEC’s Wrists in Madoff Matter

Monday, 14 September 2009
Please find a link below to the executive summary of the Inspector General’s report on the SEC’s alleged failure to discover the Madoff Ponzi scheme earlier than it did. The report discusses […]

Developer Convicted of Fraud Despite Lender’s Supportive Trial Testimony

Thursday, 14 January 2010
Christmas was not so good for James Sandlin. On December 22, 2009, the Court of Appeals for the Fifth Circuit affirmed his bank fraud conviction in what seems to me a highly […]

The Stand Your Ground Law In Florida Criminal Defense Cases

Thursday, 04 September 2014
Barry Cohen Defends Driver Accused of Hit and Run at Silks Bar On Stand Your Ground Self Defense. Jacques Ayyub was Victim of Vicious Attack by Bouncer and Not Arrested.

Criminal Defense. Florida […]

SEC Ramping Up Efforts

In a recent address to the New York City Bar Association, Robert Khuzami, Director of the SEC’s Division of Enforcement, gave clear warning of the aggressive response the SEC is taking to the current financial […]