Capitol Fax.com - Your Illinois News Radar » Well, at least they’re doing something today
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Well, at least they’re doing something today

Wednesday, Sep 9, 2015 - Posted by Rich Miller

* An interesting press release on a subject about which I was completely unaware…

WHO: Rob Karr, Illinois Retail Merchants Association president and CEO

Jeff Pape, president of WrestlingGear.Com, Ltd. based in Elmhurst

Bob Jones, president of American Sale based in Tinley Park

WHAT: IRMA members will testify before the Illinois Senate Revenue Committee about issues retailers unfairly face with qui tam lawsuits in this state, specifically related to application of sales taxes on shipping and handling charges.

For example, one retailer who will testify was sued by a Chicago attorney (who has filed hundreds of these lawsuits as a plaintiff to collect unpaid Illinois Use Tax) over an online purchase that brought about $0.80 sales tax into question. The Illinois-based retailer was abiding by Illinois law and interpretation of the Illinois Department of Revenue, but ending up spending about $25,000 fighting this lawsuit, plus an undetermined amount lost in sales and profits while spending time fighting this lawsuit. Interpretation of state tax law and regulations issued by IDOR should be the exclusive purview of the Illinois Department of Revenue.

*Qui tam lawsuits are civil suits filed against a person or company who is believed to have committed fraud against the government. Qui tam lawsuits are filed by whistleblowers under the False Claims Act, which gives whistleblowers a reward or a percentage of what’s recovered if the qui tam lawsuit he/she files recovers money for the government.

WHEN: 2:30 p.m., Wednesday, September 9, 2015

WHERE: Illinois Senate Revenue Committee Hearing
Room 212
Illinois Capitol, 301 S. 2nd Street

…Adding… Background here.

       

18 Comments
  1. - Chicagonk - Wednesday, Sep 9, 15 @ 1:19 pm:

    People would have a much better opinion about lawyers if the plaintiffs bar actively policed their own. I’m sure qui tam was well intentioned, but it’s clearly being used and some might say abused in a peculiar way by one law firm (Schad Diamond and Shedden)


  2. - Tournaround Agenda - Wednesday, Sep 9, 15 @ 1:28 pm:

    Interesting. I’d like to know how widespread the problem is.


  3. - Anon221 - Wednesday, Sep 9, 15 @ 1:29 pm:

    http://www.beveragelaw.com/booze-rules/2014/12/27/illinois-qui-tam-lawsuitsprivate-enforcement-of-a-state-claim-a-bonanza-for-a-plaintiffs-lawyer-and-a-rip-off-of-retailers


  4. - Anon221 - Wednesday, Sep 9, 15 @ 1:33 pm:

    http://www.hmblaw.com/3568.aspx#.VfB6-_7ouuo

    Looks like Diamond is the main reason for this hearing.


  5. - Chicago Bars - Wednesday, Sep 9, 15 @ 1:57 pm:

    Several California wineries filed suit to block these claims earlier this summer.

    http://www.winebusiness.com/blog/?go=getBlogEntry&dataId=155203

    There’s a link to the actual complaint if you really want to get your qui tam tax litigation freak on.


  6. - chi - Wednesday, Sep 9, 15 @ 1:58 pm:

    I thought IRMA was in favor of small government?

    If lawyers aren’t offered an incentive to file the lawsuits, no one files them, and the state misses out on the tax revenue.

    The other option is hiring more state employees to ensure proper enforcement. Letting lawyers handle it saves the state money because they don’t have to pay the lawyers for the enforcement.


  7. - Cook County Commoner - Wednesday, Sep 9, 15 @ 2:01 pm:

    I think the “reasonable attorneys fee” recovery in a qui tam action is what attracts the bottom feeders. The federal courts have become fairly aggressive in many instances in controlling the assessment of attorney fees when allowed to plaintiffs. The state courts not so much.


  8. - LIberty - Wednesday, Sep 9, 15 @ 2:06 pm:

    Why don’t judges throw these out as frivolous?


  9. - 47th ward mom - Wednesday, Sep 9, 15 @ 2:13 pm:

    I helped a constituent manage a similar issue. She was selling some sort of craft not unlike a product sold on etsy.com. It was really a shame - a very small operation and a big pain to resolve.


  10. - John - Wednesday, Sep 9, 15 @ 2:14 pm:

    Liberty, a better question would be why is the Attorney General allowing these cases to proceed? In Illinois, the Attorney General controls all whistleblower cases. A relator (Diamond) may file a case, but the AG can intervene and dismiss the case.


  11. - chi - Wednesday, Sep 9, 15 @ 2:26 pm:

    Those “bottomfeeders” are saving taxpayers money.


  12. - 360 Degree TurnAround - Wednesday, Sep 9, 15 @ 2:28 pm:

    Qui tam, i think I had that at a restaurant. Very good dish.


  13. - Commonsense in Illinois - Wednesday, Sep 9, 15 @ 2:36 pm:

    Good for Rob Karr and IRMA…at least SOMETHING will get done today.


  14. - 4 percent - Wednesday, Sep 9, 15 @ 2:46 pm:

    IRMA has been leading this fight for years. It’s about time that the legislature paid attention.


  15. - Excessively Rabid - Wednesday, Sep 9, 15 @ 3:15 pm:

    360 - It was an album by The Incredible String Band.


  16. - Stratonite - Wednesday, Sep 9, 15 @ 3:50 pm:

    AFSCME should call Rob Karr for pointers on how to manage a legislative agenda.


  17. - O.W.L. - Wednesday, Sep 9, 15 @ 3:55 pm:

    It’s an embarrassment that this continues to happen. But it will never be called for a hearing in the House because Diamond is connected to the Speaker.


  18. - Just the Facts - Wednesday, Sep 9, 15 @ 3:56 pm:

    SB 1828 and HB 2803 would fix the abuses under the current False Claims Act while preserving the rights of true whistleblowers. The legislation has been blocked so far this session - SB 1828 in Assignments in the Senate and HB 2803 in House Rules.


Sorry, comments for this post are now closed.


* Pritzker calls some of Bears proposals 'probably non-starters,' refuses to divert state dollars intended for other purposes (Updated)
* Isabel’s afternoon roundup
* Friends of the Parks responds to Bears’ lakefront stadium proposal
* It’s just a bill
* Judge rejects state motion to move LaSalle Veterans' Home COVID deaths lawsuit to Court of Claims
* Learn something new every day
* Protect Illinois Hospitality – Vote No On House Bill 5345
* Need something to read? Try these Illinois-related books
* Illinois Hospitals Are Driving Economic Activity Across Illinois: $117.7B Annually And 445K Jobs
* Today's quotables
* Open thread
* Isabel’s morning briefing
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller