Connecting Directors.Com has posted negatively on the Funeral Consumers Alliance

In a Blog posts that attacks the Funeral Consumers Alliance (FCA) and comments that discuss how to get rid of this organization, Connecting Directors.com states that the funeral industry is accepting Third Party Caskets.  From the Web Reaction and resentment  from Funeral Homes and directors on Walmart Selling Caskets, this is simply  not the case.

I was in the half sleep you experience between being awake and being unconscious, when the line between what you imagine and what is real blurs, and you are likely to imagine slipping on a banana peel and wake up to your body’s embrace of the fall. It was during a chapel service at Faith Christian Academy, a high school I attended while living in Denver. It was a great school, very lenient and progressive, especially for a private academy. On this particular Monday, the chapel preacher had been a word of faith healer. Our chapel services generally strayed away from the more fanatic components of religion, but I suppose one or two events like this were bound to happen in the schools long and proud history. I awoke to what would later be described as “what started everything.” It was my friend Judson, sitting a few seats down from me, screaming out fanatically “David needs a spleen!” When I was ten I lost my spleen in a car accident (though that is a different story all together). As my vision came into focus, I could see the proud smile of the old white haired man gleaming towards me, the bright colors of his Hawaiian shirt hurting my eyes. With microphone in hand, he asked me to stand up. Of course, I didn’t really know what to do, the house lights were down and there was a spotlight on the two of us. I was completely at his mercy, being that as most teenage boys, the thing I feared most was looking silly in front of my peers. Though, had I though it out, I might not have listened to him. I stood, smoothing out the wrinkles in my tie. He smiled, maniacally, and asked the microphone if I wanted a new spleen. He put the microphone an uncomfortably close distance from my mouth, and an answered it “sure.” He chuckled, like a grandfather might after giving his grandson a new train set, and contorted his hand into the shape of a gun and pointed it at my gut, where I assume he assumed a spleen should be. He then recoiled his hand, as if though some magic bullet had left his body at an incredible speed, he even made a ridiculous gun noise with his mouth, if memory serves correctly. Now, this is where the situation gets hairy. Despite my best efforts, and general disbelief in whatever God-given power this fellow might have (I had, after all, been asleep during his sermon), whatever magic did come out of his hands completely knocked me back in my seat. I did not loose conscience, I did not flail, but I was pushed backwards and I can guarantee that this flower printed gentlemen did not touch me. And yet, I was pushed back, by something. He quickly walked away, convinced that I was now spleen filled, and asked the crowd “Who’s next?” And, of course, a multitude of hands rose to the air. The hoopla went on for some time, and eventually I left the auditorium once I realized that this was no longer a normal school day. I found a class room filled with a few students and a few teachers, and everyone began discussing what was going on. The great thing about FCA was that it was a diverse pool of students, several Jews, a few Catholics, even a Mormon or two. So the explosion of charismatic excitement had been a little more than abrasive to the spiritual beliefs of a few other students. Of course, I have no spleen. A few students claimed I had little faith, but, they were very unpopular and so easily ignored. The whole situation was bizarre, and to this day I am not sure what to think of it. Had I , or more appropriately the preacher, been gored by a bull near the end, well, I at least could say it had been a nice Flannery O’connor moment.

The United States Supreme Court heard oral arguments today in a case we noted in June in which amici curiae PhRMA and BIO urged the Supreme Court to limit whistleblower suits under the False Claims Act (FCA). Feel like you were really there by reading the full transcript of the oral argument (pdf). Out loud. In your best Supreme Court Justice Voice.

Written by Ray Borradale

This article was originally published on BlueMauMau

Some of the most respected franchise systems in Australia did not rate in this 10 Thousand Feet franchisee satisfaction survey. At least one of Australia’s most criticized franchise systems did.

The survey of more than 550 franchisees found franchisees increasingly willing to renew their agreements and greater attention given by franchise companies to franchisee satisfaction.  10 Thousand Feet

Support, Rewards, Lifestyle and Passion were the reported criteria.   While the cream of Australian franchising apparently did not participate the results were determined from a survey of a whopping 1% of the country’s franchisees and it would seem only from Franchise Council of Australia member franchisors.

Many may be suspicious of yet another Australian franchising survey result and those that suggest 10 Thousand Feet smell should consider that behind the scenes we see an association with FCA and franchisors such as Bakers Delight and Poolwerx that seemingly have not contributed to healthy, ethical franchising if one were to refer to submissions to the Federal Inquiry.  

If this survey was to be given any credibility then perhaps the likes of McDonalds and Harvey Norman could have participated.  And perhaps 10 Thousand Feet could have provided information as to how some franchise systems became involved and why others did not and what processes saw such a small number of franchisees participate.

This survey and others promoted by FCA provide subliminal messaging of a healthy industry for would be investors when the reality that caused 2 recent State and a Federal Inquiry suggests otherwise. 

Looking for the right franchise? Discover franchises for sale in your area! You only get one chance to make the right decision. It’s important to do your research first. TopFranchise surveys the satisfaction of existing franchisees so you can see who’s performing best.

Such surveys do nothing to encourage quality franchisors to distinguish themselves from the abundant disasters that await most prospective franchisees.  This one again raises questions as to how ‘satisfaction‘ was rated. For example … let’s say only 5 Bakers Delight franchisees were selected for the survey and 4 espoused how wonderful life was at BD.  Would that rate as 80% feeling happy?

Sadly; this is the standard of data available in a country where the need for real data is ignored and attempts to collate information on the efficiency and performance of the franchising industry are denounced by those who represent the worst of the worst in Australian franchising. FCA and those who feed from FCA ties suggest such data is unnecessary.

As an addendum it might be suggested that any reference to franchisee satisfaction in even the greatest of franchise systems is as farcical as a reference to a franchisor’s satisfaction with franchisee performance.  Both would be considered extremely rare … something along the lines of rocking horse somethingorother.

And besides; aren’t the only satisfied franchisees those who realize their anticipated return in line with their level of investment and where the investment grows in value to the point where turnover is minimal.  Perhaps next year 10 Thousand Feet might consider clearly categorizing the financial influences that determine such turnover as a clearer indicator of what another random 1% thinks. Actually; by all published reports it’s really considerably less than 1%.

*** Note from Coach O: in this world of players with bad reputations and off the field controversy, the following is a great article on Yankees 1st baseman, Mark “Tex” Teixeira, from “Sharing The Victory”, publication of the Felllowship of Christian Athletes. We need to hear more about athletes like THIS! Enjoy!!

————————

October 2009 – Sharing The Victory Magazine

Mark Teixeira New York Yankees: Bright Light in the Big City

Bt Chad Bonham

 They don’t call it the Evil Empire for nothing. You either love ‘em, or you hate ‘em.

 For nearly a century, the New York Yankees have been establishing their status as the dominant franchise in Major League Baseball. The club is rich in both tradition and dollars and has a track record of success that makes small-market teams both sigh in exasperation and raise their fists in what is usually described as righteous anger.

Still, no one can deny that the Yankees back up their bark with a fatal bite. With 26 World Series titles and 39 American League pennants, the Yankees have more championships than any other sports franchise in North America. They’ve retired the jerseys of some of the game’s most legendary players (Ruth, DiMaggio, Mantle) and continue to produce an abundance of all-stars each season.

Among that list is 2009 All-Star Mark Teixeira — a man who seemingly contradicts all those stereotypes. He’s humble, friendly, unassuming, down-to-earth and talented.

 OK, all the stereotypes but one. The guy can more than handle the pressure to perform for the Pinstripes.

 Acquired by the Yankees in January, Teixeira (player profile below article) has spent this season making himself at home — a dominant force of his own, even — among a talented group of Bronx Bombers, batting third in the lineup after Derek Jeter and Johnny Damon, and setting up Alex Rodriguez. Through press time, he led the American League in RBI and ranked in the top three in home runs.

 Teixeira’s journey to New York, however, has been anything but a direct flight into JFK. It’s taken him from college in Georgia to the Midwest for the minors, to Texas for the Majors, back to Atlanta, across the country to Los Angeles and then back to the East Coast. But, like any good journeyman, Teixeira hasn’t wasted his time on the road. A faithful follower of Jesus Christ, he has used the years and the miles to draw close to the Lord. And now, with the bright lights of the Big Apple illuminating him from baseball’s biggest stage, Teixeira is using his position from inside that infamous Evil Empire to shed light on all that is good.

 A walking contradiction? Absolutely not.

STV: What would you say has been the defining moment in your faith walk?

MT: You can never completely get it — being a Christian — but I think I really got it when my first son was born in 2006. I just realized the love that God has for all of us. It was seeing my son born and knowing the unconditional love that I have for him.

 I also read the book The Shack* recently. That book opened my eyes even more to how much God loves us. It was very powerful, and it changed my life.

 STV: To this point, how has your relationship with God impacted your career?

MT: Baseball is a game of failure. There are plenty of opportunities to be down, to feel sorry for yourself or to be upset at somebody. One thing that I’ve realized is that you’re never going to be 100-percent successful. You’re always going to be let down. But when you have God in your life and you follow Christ, you’re never going to be let down. Every time you fail, He’s there to pick you right back up. Every time you think the world is going to end because you had a couple of bad games, God’s there to remind you that that’s not what it’s all about.

 STV: Tell us some of the biblical principles that define you.

MT: Our deeds don’t make us righteous. Our deeds don’t make us worthy to be in God’s presence or to be in His Kingdom. God made that decision already. God’s righteousness is given to us, and His grace is given to us as a gift. No matter what I do on the baseball field, no matter how hard I try to be a good player, no matter how hard I try to be a good father or a good husband, I can never do enough. In this world, I can never be perfect. But God is there to tell me that it’s not what I do; it’s whom I believe in, and it’s Him loving me. That’s very important to me because this game can be tough, and life can be tough.

 STV: We talk all the time about the platform pro athletes are on and the amount of attention people pay to their personal lives. With that in mind, do you feel like you have a responsibility to share your faith with others?

MT: I have a huge responsibility. With this platform, I have an opportunity to be a good example. Hopefully people will see me and say, “There’s a man who lives for Christ,” and, “There’s a man who’s doing the right thing.”

 Every day I have a forum — the media, the fans, my teammates — and I have a responsibility to help prepare this world for the coming of Christ. If I can be a good role model and help non-believers, or even believers who need a little help along the way, I want to take that job very seriously.

 STV: What is the predominant message that you try to share with young athletes?

MT: That Christ doesn’t keep score. It’s not about what you do here. It’s about the person you are; it’s about your faith. That’s one thing that I’d like for young kids, or anybody, to know.

 ”Our deeds don’t make us righteous. Our deeds don’t make us worthy to be in God’s presence or to be in His Kingdom. God made that decision already.”

 We can’t be perfect all the time, and that’s OK. In the heat of the battle, in the heat of the moment, you might say things or do things that aren’t right, but, at the same time, Christ forgives us. Christ will always forgive you. I hope people realize that, just because of certain situations or certain things they’ve done, doesn’t mean that that’s it. It doesn’t mean God has turned His back on us. That’s something I love to tell young people or anybody, really, no matter what their situation. Christ is always there for us.

 STV: How important is prayer in your daily life?

MT: Every time I pray, I ask for forgiveness. I’m a sinner, and I miss the mark every single day. But I do know that God loves me; I do know that God forgives me. It helps me in my everyday life because it reminds me that there’s nothing anyone can do to me that I can’t, in turn, forgive them for.

 Teixeira often takes part in community outreach events such as the Yankees’ 2009 HOPE Week, which focused on “Helping Others Persevere & Excel.”

 STV: How does that understanding of God’s forgiveness impact the other areas of your life?

MT: God has forgiven everything I’ve ever done. If someone does something to hurt my family or me, I can always forgive them. It helps to keep hate and anger out of my heart.

 STV: As a Christian athlete and a family man, what helps you keep your priorities straight during the hectic season?

MT: I don’t play baseball first; I put Christ first in my life. I put my family behind Him, and I put baseball down the line. I obviously want to succeed; I want to perform. But, at the same time, I’m at peace no matter what happens on this earth. The more important part is being a Christian and being in the Kingdom of Heaven when it’s all said and done.

 STV: What kind of commitment should the Christian athlete have to excellence?

MT: Just because you’re a Christian doesn’t mean you don’t run hard, or you don’t play hard or don’t want to succeed. What I would tell fans or other players is that I think my relationship with Christ makes me a better player. It allows me to handle situations better, allows me to treat people better, and it allows me to have a better mental attitude toward baseball. When you put too much pressure on yourself, it’s harder to play.

 STV: At the end of the day, how much of your identity is wrapped up in baseball versus your faith in Christ?

MT: If you are searching for yur purpose in life, then you’re never going to be satisfied. This life will never satisfy you. You’ll never be happy, and you’ll never be content. The only real contentment or true happiness is with Christ.

 –For more stories about faith and sport, visit http://sharingthevictory.com, the official magazine of the Fellowship of Christian Athletes.

———————————-

Player Profile: Mark Teixeira — #25

Position/Team: 1B/New York Yankees

Born: April 11, 1980, in Annapolis, Md.

Family: Wife, Leigh, and children Jack and Addison

Height/Weight: 6-3/220

Bats/Throws: Switch/Right

College: Georgia Tech

MLB Debut: April 1, 2003

Career Highlights:

• Two-time MLB All-Star (2005, 2009)

• Two-time Gold Glove Award winner (2005, 2006)

• Two-time Silver Slugger Award winner (2004, 2005)

• Dick Howser Trophy Award winner as the collegiate baseball player of the year (2001)

Trivia:

• Is one of just five players in major league history to hit at least 100 home runs in his first three seasons combined.

• Set MLB record for total RBI in a season by a switch hitter in 2005 (144).

some random music I have on my computer that i didnt add yet..  -k

CA Bullets Lg Coed – Worlds 2009

Celebrity Fame – Worlds 2009

Cheer Athletics Panthers (08-09)

Cheer Extreme Senior Elite – Worlds 2009

FCA Diamonds (08-09)

FCA Diamonds (09-10)

Louisville Large Coed (08-09)

Maryland Marlins Tsunami (08-09)

Stingrays Orange – Worlds 2009

Woodlands Elite Colonels – Worlds 2009

Woodlands Elite Colonels (09-10)

Bakers Delight has been awarded the ‘Franchisor Social Responsibility Award’ at the Franchise Council of Australia (FCA) MYOB Excellence in Franchising Awards. In their own press release dated 22 October 2009, Bakers Delight states that part of the reason for receiving the award is its participation in charity:

“Bakers Delight has been a major corporate partner of Breast Cancer Network Australia (BCNA) for nine years, raising almost $3.7 million in this time. Through its bakery network, the company donates approximately $143 million of bread to charities each year.”

The good work done for the BCNA by the Bakers Delight franchisees is acknowledged and is to be commended. This is not the case with the outrageous claim of 143 million dollars of bread being donated to charities each year. This is yet another example of Bakers Delight manipulation of the truth.

 This figure is based upon the Closing Stock wastage. With 700 bakeries, each bakery would have to “donate” $204,285 to charity each year. That is $560 each and every day of the year. As shown in the Closing Stock Scam , this is close to the level of stock that Bakers Delight demands their franchisees hold at the end of the day. And of course, Bakers Delight profits directly through the rebates that it receives from suppliers. But does this all this wastage go to charity?

It would be interesting to see whether Bakers Delight now states in its disclosure documents that each franchisee will be donating $204,285 to charity each year. It would also be interesting to compare this figure to the actual profit that a franchisee actually makes. Actual profit is different to the misleading figure Bakers Delight quotes when they say operating profit, as this figure still has significant outgoings. In simple terms, it seems that being a franchisee of Bakers Delight means you give away more than you earn.

The claim of 143 million dollars is deceitful. It is based upon the wastage at the end of the night as reported by the Point of Sale system. How much of the wastage actually goes to charities. Food safety regulations do not allow products with cheese, meat or fruit to be donated; they go straight into the bin. How many bakeries actually give their bread to people so they can feed their horses, or the local butcher to make sausage stuffing with? How many bakeries just simply throw shopping trolley loads of bread out each night?

This claim of 143 million dollars is based upon retail figures. Bakers Delight knows this; they know it is not the real cost value of the wastage yet they allow the Australian public to be deceived. They also know that this does not all go to charities like they claim.

Bakers Delight Lies challenges the CEO of Bakers Delight, Roger Gillespie, to provide an audited account detailing and proving the claim of 143 million dollars donated to charity each year.

It is no surprise that the FCA has presented this award to Bakers Delight. The FCA is the public face of Franchisors in Australia and is their primary lobby group. The FCA is funded by Franchisors. It is the FCA’s job to promote the Franchisors message, which in the case of Bakers Delight is an attempt to appeal to the social conscious of ordinary Australians so that they can sell more franchises. It seems Bakers Delight needed some positive media.

The Bakers Delight press release goes on further to state “Bakers Delight also actively supports environmentally conscious practices through a range of initiatives and is currently rolling out new ‘Green’ artisan ovens, which will result in a 25 per cent reduction in energy resources.” The question here is how much of a kickback will Bakers Delight receive for each oven that a franchisee installs?

This award and Bakers Delight press release is yet another example of Bakers Delight deceitful and misleading conduct.

OUTDOOR TEASER

AD REVISTA

CARTÃO-POSTAL PUBLICITÁRIO

MONDAY, 12 OCTOBER 2009

Members of the FCA Theological Resource Group outside Christ Church, Virginia Water.

Orthodox Anglican Bishops, clergy and theologians from Nigeria, Uganda, South Africa, Australia, the USA and UK were meeting at Sunningdale Park in Berkshire over the weekend.

They also attended the morning service at Christ Church, Virginia Water. The Right Revd. Ikechi Nwachukwu Nwosu from Nigeria preached a moving sermon on Matthew 16:21-28 (front row fourth from right). Warm greetings were received from the Right Revd Christopher Hill, Bishop of Guildford. Members of Runnymede Deanery also attended.

Africa looks to their ‘big brother’

Left: At St John’s for the FCA launch were Abp Benjamin Nzimbi of Kenya, Dr Vinay Samuel from India and Oxford, George Malek of the Ecumenical Pastoral Institute, the Revd Gavin Mitchell General Secretary of Anglican Mainstream SA, and the Revd Dr Chris Sugden of the Church of England.

From iindaba the Port Elizabeth Diocesan Newspaper

The launch of the Fellowship of Confessing Anglicans (South Africa) took place at St John’s, Walmer, on Thursday night 3 September.

The church was full and the keynote address was given by Archbishop Benjamin Nzimbi, just retired Primate of the Anglican Church of Kenya. He said, “Anglicans need to work together to receive the Word of God and to preach it as it was given to us.” On the lack of response from ACSA he said the voice of ‘our big brother SA’ is very important to the church in Africa and they would have been very happy to have been guided by ACSA.

Abp Nzimbi, together with Bishop Bethlehem, the FCA Patron, then commissioned the three leaders of FCASA, Gavin Mitchell and Alan Smith, both priests from Cape Town and Nigel Jeukes from Natal.

Picture: Being commissioned by Abp Benjamin Nzimbi and Bp Bethlehem (FCASA Patron) to lead FCA in SA are three priests – Gavin Mitchell, Alan Smith and Nigel Jeukes.

‘Be Faithful’ gathering

Earlier 70 Anglican clergy and laity from ACSA, Church of England in SA and Anglican Catholics gathered in the hall to listen to various invited speakers. These included Abp Benjamin Nzimbi of Kenya, Canon Dr Vinay Samuel from India and Oxford, George Malek of the Ecumenical Pastoral Institute, the Revd Gavin Mitchell General Secretary of Anglican Mainstream SA, and the Revd Dr Chris Sugden of the Church of England. They sent out a clear message that “the Scriptures exhort us to remain faithful to the faith ‘once for all delivered to the saints’, to the Lordship of Jesus Christ and hence, to Apostolic teaching and practice.”

In his keynote address Canon Samuel reminded everyone that we are called to the prophetic stance of the obedient disciple, rather than the stance of political people who have become messianic with the new universal of human rights which is now being imposed, claiming that these rights are self-evident – and if the Bible teaches anything different it is to be rejected.

Canon Chris Sugden spoke on the need for GAFCON and also on the Fellowship of Confessing Anglicans saying, “Why Confessing Anglicans? Public confession of the apostolic faith is needed to identify where orthodox Anglicans stand in relation to the current challenges. It is not saying that we are the only faithful Anglicans. It is reaffirming Anglican identity and rooting it in the apostolic faith, belonging to a Christian church which is centred on the gospel and bounded by Scripture. The Fellowship of Confessing Anglicans invites others who share this confession to stand clearly and firmly with us and to be willing to pay the price.”

Archdeacon Sharon Nell was a member of a discussion panel in the afternoon session of the FCA conference. She said she had attended the launch to find out what FCA was all about “and what I have heard is the confirmation of the authority of scripture and the Lordship of Jesus Christ. I am here because the Lord has called me to preach his Word,” and she quoted Is 61:1ff.

¿Cuantos maestros han tenido? ¿Pueden recordarlos a todos? Ya que yo apenas puedo. Pero definitivamente hay algunos que nunca olvidamos, esos maestros a los que se les nota que les encanta enseñar, aquellos que ponen su esfuerzo, su empeño y su paciencia para tratar de ensañarnos algo. Pero este post no es sobre este tipo de maestros, este post se trata sobre los otros maestros que se nos quedan en nuestras memorias, si, esos maestros nefastos, y no me refiero a los huevones, si no a los que vomitan estupideces como si fuera conocimiento verdadero.

Verán el semestre pasado curse la materia de Microeconomía con el españolito. ¿Que puedo decir de el?, gran maestro, le encanta enseñar y lo hace bien, uno de los mejores que he tenido. Y reprobé. Así que este semestre me toco recursar. Así que esta vez como lo único que quiero es pasar la materia, escogí a la que tal vez sea la maestra mas nefasta de mi Universidad. Error tremendo, error.

El problema no es que sus clases sean aburridas a un nivel que alcanza proporciones estúpidas, ni que siempre llegue tarde y nos robe 15 minutos de nuestra salida, mucho menos su cagante voz y su aun mas cagante forma de ser. No nada de eso es un problema para mi. El verdadero problema es que no tenga ni idea de como impartir una clase, que no tenga idea de los mas básicos principios microeconómicos, y que (como dije antes) vomite ciertos conceptos e ideas de las que no tiene ni puta idea.

Ahora bien el mayor problema es que debido al “sistema” de estudios de mi escuela, los alumnos de diferentes semestres estamos mezclados, osea que me toca estar con personas que aun están en segundo semestre y a veces incluso algunos de noveno. Así que los que están en los primeros semestres y que no están recursando, piensan que esta “maestra” les esta enseñando cosas valiosisimas para su futuro. Hypercrap, y pensar que es egresada de la máxima casa de estudios.

De hecho de alguna manera hemos llegado a temas algo avanzados, sin siquiera haber visto conceptos tan basicos como la utilidad marginal, que se enseña en primer semestre, pero bueno ¿Quien aprende absolutamente todo? Nunca esta de mas recordarlo, pero bueno yo no tengo ningun problema, ya aprendí lo que tenia que aprender,casi a punta de madrazos. El problema lo tienen los que cursan la materia por primera vez. Ellos si tendrán problemas graves, mi lic.

]]> http://letsrunlaur.wordpress.com/2009/09/30/half-marathon-recap-part-iii-the-hay-in-the-barn/ Wed, 30 Sep 2009 18:59:03 +0000 Laurie http://letsrunlaur.wordpress.com/2009/09/30/half-marathon-recap-part-iii-the-hay-in-the-barn/ http://nacollawfirm.wordpress.com/2009/09/28/whistleblower-the-false-claims-act-and-the-fraud-enforcement-and-recovery-act-of-2009-%e2%80%93-part-i/ Mon, 28 Sep 2009 19:47:28 +0000 nacollawfirm http://nacollawfirm.wordpress.com/2009/09/28/whistleblower-the-false-claims-act-and-the-fraud-enforcement-and-recovery-act-of-2009-%e2%80%93-part-i/

In 2003, John Kopchinski was earning $125,000 a year selling the drug Bextra for Pfizer.  He had a baby son, and his wife was pregnant with twins.  The Gulf War veteran says that, “In the Army, I was expected to protect people at all costs.”  At Pfizer, though, he was expected to sell Bextra, even though it raised the risk of heart attacks and strokes.  After Kopchinski expressed his concerns about Bextra’s safety, Pfizer fired him.  He eventually got a new job paying $40,000 a year.

Kopchinski hired attorney Erika Kelton of Phillips & Cohen.  In 2005, Pfizer withdrew Bextra from the market.  Now Pfizer is pleading guilty to felony charges of promoting Bextra for unapproved uses.  Pfizer will pay penalties of $2.3 billion, and Kopchinski will get a $51.5 million share for filing the “qui tam” lawsuit under the False Claims Act (FCA) that helped the government collect these penalties.  Kopchinski is one of five whistleblowers sharing in the settlement.  He says that he does not expect his life to change much now, according to a news account of this settlement available from Reuters.

Crutial court decisions such as the one in the Pfizer case have assisted whistleblowers in coming forward.  In 2008, there has been rapid legislative response in the enforcement arena.  On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act of 2009 (FERA).  This act authorizes substantial new funding to the Department of Justice and other federal enforcement agencies for the investigation and prosecution of offenses.  FERA amends the False Claims Act (FCA) in a manner that may increase the exposure of every company that does business with the federal government and every person or entity that supplies goods or services that are reimbursed by federal government dollars.

The FCA provides for recovery of civil penalties and treble damages from any person who knowingly submits or causes the submission of false or fraudulent claims to the United States for money or property.  Under the most commonly-enforced provisions of the statute, a person is liable for “knowingly” (1) presenting or causing the presentment of a claim for payment or approval; (2) making a “false record or statement to get a false or fraudulent claim paid or approved by the Government;” or (3) conspiring to defraud the government “by getting a false or fraudulent claim allowed or paid.”  The FCA also penalizes so-called “reverse false claims, “ in which a person “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the Government.”  The FCA defines “knowingly” as having “actual knowledge” of falsity or acting in “deliberate ignorance” or “reckless disregard” of the truth or falsity of the information.  “No proof of specific intent to defraud is required.”  31 U.S.C. §3729(b).

The FCA’s qui tam provisions empower private individuals to file litigation in federal court on behalf of the government and to share in any subsequent recovery.  The FCA’s qui tam provisions provide enormous incentives for qui tam Realtors (whistleblowers) to expose fraud against the government, awarding 15-30% of settlement or judgment proceeds to Realtors, who may also be entitled to reasonable attorney fees’ and costs, which may be substantial.

FCA civil damages and penalties can be severe.  Defendants may be held liable for up to three times actual damages plus penalties between $5,500 and $11,000 per claim.  Depending on the method in which the “claims” are calculated, civil penalties may far exceed the actual damages the government sustained. 

FERA amends the definition of “claim” in a significant way.  The new definition of “claim” is:

(A)   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 –(i) is presented to an officer, employee, or agent of the United States; or (ii) is made 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 if the United States Government –

 (I)    provides or has provided any portion of the money or property requested or demanded; or

(II)   will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. 

FCA liability may now be triggered by any false claim made to any recipient of federal money so long as the money is used to “advance a Government program or interest.” FCA realtors and the Department of Justice will now be able to push to give this provision the broadest possible interpretation.

The old FCA penalized a person who “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the Government.”  31 U.S.C §3729(a)(7). FERA now defines “obligation” to include the retention of any overpayment, which opens new avenues of exposure against federal contractors or grantees for knowingly retaining government “overpayments.” 

In the past, the FCA afforded protection to “any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee.”  31 U.S.C. § 3730(h).  FERA extends whistleblower protections beyond “employees” to a “contractor or agent” and no longer requires any prohibited retaliatory action be taken by an employer.  The FERA now reads “any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment.  31 U.S.C. § 3730(h).

An FCA action must be brought within six years of the date on which a violation was committed, or within three years of the date on which the government knew or should have known that a violation was committed, and in no event more than 10 years after the date on which the violation was committed.

Diese Woche ist wieder Pokal angesagt und dieser hat ja bekanntlich seine ganz eigenen Gesetzte…
Um euch trotzdem dabei zu helfen die richtigen Spiele zu finden…hier meine vorschläge

Borussia M´gladbach – MSV Duisburg
Tendenz: 1

VfL Bochum – Schalke 04
Tendenz: torreich, daher +2.5

RW Ahlen – Greuther Fürth
Tendenz: etwas risky…dennoch 2

FC Augsburg – SC Freiburg
Tendenz: torreich, über 2,5

dasselbe gilt für

1.FC Kaiserslautern – Bayer Leverkusen
Tendenz: über 2,5 Tore

Eigentlich dürftet ihr nun schon gut bedient sein…
aber hier noch ein Special

1. FC Nürnberg – TSG Hoffenheim
Tendenz: 2