FAQs

Before you blow the whistle on fraud committed against the government, it’s important to understand your rights as a qui tam relator. Being a whistleblower is never easy, so having a thorough understanding of what you can expect throughout an investigation is essential.

The False Claims Act, SEC Whistleblower Program, IRS Whistleblower Program and other Federal and State laws provide certain protections to whistleblowers, and in some instances offer monetary rewards.

Browse the FAQs below to learn more, or contact us today for a free and confidential case evaluation.
 

What is fraud?

When you witness misconduct in your workplace, it can be difficult to figure out whether it meets the legal definition of fraud. It is possible, unfortunately, for company policies to be unethical or inappropriate without technically being illegal.

When a company or individual intentionally requests unearned or inappropriate reimbursements from the government, they are ultimately hurting taxpayers. This is the type of fraud that leads to qui tam lawsuits: deliberate, large-scale fraud schemes that misuse state or federal funding.

Many of America’s major industries rely on taxpayer dollars to thrive. Programs like Medicare, Medicaid and TRICARE therefore have rules in place to ensure that taxpayer funding is used responsibly.

What whistleblowing means to the government



 

As it relates to qui tam lawsuits, fraud is a deliberate, significant misuse or theft of taxpayer funding. It can be committed by individuals or entire organizations.

For example, healthcare organizations can commit fraud by regularly encouraging employees to upcode or unbundle Medicare services, and defense contractors can do so by knowingly charging the government for faulty military equipment.

Any publicly traded company may also be guilty of fraud if it deliberately misleads investors or engages in money laundering, insider trading, or other securities violations.

Whistleblowers are individuals that give the government detailed evidence and information about such fraud schemes. Because that evidence must demonstrate an intent to defraud the government, most whistleblowers are employees or contractors of the fraudulent company.

People who work for or with the company usually have the most opportunities to collect evidence such as internal emails, invoices, and relevant patient records.

CONTACT US


How to identify fraud

Any healthcare provider that deliberately or negligently hurts patients should of course be reported. That said, certain types of patient harm are classified as medical malpractice, not fraud.

When it comes to whistleblower laws like the False Claims Act, fraud pertains specifically to the misrepresentation of goods and services in pursuit of unearned public reimbursements.

It is possible for companies and individuals to commit both fraud and malpractice, but in order to file a whistleblower case with the government you must prove that a significant amount of state or federal funding has been misused.

The amount of defrauded funds plays an important role in the government's decisions about which cases to pursue. Though each whistleblower program has different reward policies, rewards have traditionally been offered to whistleblowers whose original information generates $1 million or more in recoveries for the government and taxpayers.

In pursuit of qui tam cases, the government therefore tends to investigate systemic fraud schemes where hundreds or even thousands of false claims have submitted.

An experienced whistleblower attorney can help you find out whether the misconduct you've witnessed qualifies as fraud.

What is the False Claims Act?

The False Claims Act is also known as the “Lincoln Law,” signed into effect during the American Civil War as a reaction to contractors selling the Union Army things like sick horses and mules. Designed to help U.S. taxpayers recover money that has been stolen from the federal government, the law allows any person who has information regarding a false claim to bring a whistleblower lawsuit against the company or organization that committed the fraud.

The False Claims Act holds anyone who knowingly provides false claims to the government financially accountable. The law contains a “qui tam” (pronounced “kee tam” or “kwee tam”) provision allowing private citizens with knowledge of fraud against the United States government to file a lawsuit on behalf of the government. These patriotic citizens are rewarded by a substantial share in any financial recovery that is made.

The role of the federal government

Under the False Claims Act, the government has the primary responsibility for prosecuting the case. After the suit has been filed, the Attorney General’s office or the Department of Justice will investigate the allegations contained in the case. This investigation may involve one or more law enforcement agencies, such as the FBI or the Office of the Inspector General. Following this investigation, the Department of Justice may intervene in the case.

This means that the Department of Justice believes the whistleblower has a strong case and has exposed fraudulent activity. If the Department of Justice declines to intervene in the lawsuit, the whistleblower may proceed with the case and prosecute the lawsuit on behalf of the U.S. government.

Examples of fraudulent activities

Fraud that constitutes a violation of the False Claims Act can occur in any industry that enters into a government contract. Often, False Claims Act cases involve Medicare and Medicaid, healthcare fraud, or defense contractor fraud.

Healthcare fraud cases may involve fraudulent cost reports, fraudulent billing, charging for unnecessary services, and kickbacks for patient referrals. Similarly, defense contractor fraud consists of a number of fraudulent schemes, such as cross-charging and product substitution.

Colleges, universities, and other education programs can also commit False Claims Act violations. These organizations must be accredited by an authorized organization to receive government funds and receive tuition payment through the government loan programs. In recent years, for-profit colleges and online colleges have been accused of submitting false or misleading information to attain accreditation and therefore become eligible for student loan programs offered by the federal government.

FCA Recoveries from 1987-2015

  • Total recovered amount: $48,370,504,273
  • Total number of qui tam actions: 10,593
  • Amount recovered in qui tam cases: $33,230,410,007
  • Recoveries from cases in which the U.S. government intervened: $31,074,452,032
  • Recoveries from cases in which the U.S. government declined to intervene: $2,155,957,974
  • Total whistleblower reward amount: $5,328,756,494

Why report fraud?

Fraud against the government ultimately hurts all taxpayers. Citizens pay taxes that help the government to perform vital public services. When the government is defrauded or laws are violated for private gain, it is the people who end up paying the price.

We understand that it takes great courage to come forward and blow the whistle on fraud; however, without the help of whistleblowers, the government and the American taxpayer will continue to lose billions every year due to fraudulent activity.

By filing a lawsuit, the whistleblower may be entitled to receive a substantial financial reward. If the lawsuit is successful in recovering the amount that was defrauded, the whistleblower is entitled to a reward of between 15% and 30% of the total amount recovered.

It is not uncommon for whistleblowers to receive substantial financial rewards, particularly in cases involving Medicare fraud, pharmaceutical company fraud, or fraud against the Department of Defense. Your attorney will negotiate with the Department of Justice so that you receive an award that fully compensates you for the valuable information you have provided.

Whistleblowers who successfully expose fraud against the government do profit financially, but they also set right a wrong and perform a valuable public service.

READ THE WHISTLEBLOWER GUIDEBOOK

Who can be a whistleblower?

A whistleblower must have original evidence of the alleged fraud that paints a clear picture of the wrongdoing. ‘Original evidence’ means evidence that is not derived from publicly-available sources (such as newspapers, TV, the Internet, a court record, or a government report), or evidence that is not already known by the government. Original evidence may, however, derive from independent analysis of publicly available information. Non-employees such as independent contractors, subcontractors, private businesses or organizations, public interest groups, outside advisors, customers, and even those with secondhand knowledge of fraud may be able to file whistleblower claims. Also, the person or entity filing the lawsuit need not have been personally harmed by the fraudulent conduct.

What kind of evidence must a whistleblower have?

Firsthand observation of fraud is not necessary, but details of the fraud sufficient to initiate an investigation is needed. Documentary evidence—such as financial records, emails, or memorandums—is often used in whistleblower cases. Some whistleblowers use a personal recording device to obtain evidence at meetings or conferences, or they record phone conversations. If the government gets involved with the case, it may obtain company documents through subpoena and ask the whistleblower for help deciphering the evidence. If you haven’t yet come forward as a whistleblower and are still working on collecting evidence to support your claim, try to obtain evidence that answers the following questions:

  • Who is perpetrating the fraud and who else knew/knows about it?
  • What violation is taking place?
  • When and where did the violation occur?
  • How was/is the fraud perpetrated?
  • Is the fraud ongoing?
  • What are the implications of the fraud for the government/the public?

Potential whistleblowers looking to procure evidence of fraud can speak with our lawyers to learn more about what to do. Our attorneys can answer any questions or concerns you may have, so contact us today.

What does 'qui tam' mean?

Qui tam (pronounced “kee tam” or “kwee tom”) is an abbreviation of a Latin phrase meaning “who as well for the king as for himself sues in this matter.” Qui tam cases are different from other types of lawsuits, such as those involving personal injuries, because the person bringing the lawsuit is not the one who has been harmed.

In a qui tam lawsuit, a relator with knowledge of fraudulent activity is filing the case on behalf of the government, which will decide whether to join the case after conducting its own investigation.

The qui tam provision of the False Claims Act was enacted specifically to encourage private citizens to come forward with information about entities defrauding federal programs to allow the government a chance to recover stolen funds.

In many cases, the government would not have been aware of the fraudulent activity had the relator not come forward; therefore, the relator is entitled to receive a financial reward for his or her service to the country if the litigation is successful.
 

READ THE WHISTLEBLOWER GUIDEBOOK


What is the 'False Claims Act' and what types of activities are covered?

 

  The False Claims Act is a federal law that imposes liability on individuals and companies who defraud the government. This law contains a “qui tam” provision that allows individuals who have knowledge that a corporation or organization is defrauding the government to “blow the whistle” on the illegal activity. The person who files a qui tam case is often referred to as the “relator” or “whistleblower.”

Under the False Claims Act, a company, organization, or individual can be held liable for most types of fraud involving a federally funded contract or program, with a few exceptions.

A broad range of scenarios can give rise to qui tam claims. Some examples include:

  • Improper Medicare/Medicaid billing, including overbilling and billing for services or procedures that were not provided
  • Overcharging for goods or services provided under government contracts
  • Knowingly selling the government defective or dangerous products
  • Requesting payment for goods and services that were not provided
  • Marketing drugs for non-FDA approved uses
  • A grant recipient charging the government for costs that are not grant related

When and how should a whistleblower report fraud?

Anyone, at any time, can report suspected wrongdoing. But the decision to blow the whistle could affect your personal and professional life and should be made carefully—and with advice from an attorney.

In terms of reporting the fraud, the process depends on the type of fraud and the whistleblower laws involved. In general, the whistleblower process is as follows:

  • Obtaining evidence
  • Submitting the evidence/filing a claim
  • Government investigation
  • Case settlement or judgment

Our lawyers can tell you more about how to file a claim and what to expect as a whistleblower during a confidential case review.

To speak with an experienced whistleblower attorney, please contact us today. Following an initial consultation, our attorneys can help you determine whether a whistleblower lawsuit is appropriate and will work with you to protect your confidentiality.

What are whistleblowers' rights and protections?

Blowing the whistle on fraud or other illegal activity that hurts the public interest  – also known by the Latin term qui tam – is an act of civic service, and those that do it deserve to be protected. Without these protections, many whistleblowers would hesitate to raise the alarm for fear of personal retaliation. 

For this reason, the United States federal government passed a law providing protection – and sometimes, compensation – to whistleblowers in 1863, a time of great fraud perpetrated on the part of various Civil War military contractors. This law has been amended multiple times, but the core has remained the same. 

Known as The False Claims Act, the law protects whistleblowers from retaliation.  It is illegal for you to be discharged, demoted, suspended, threatened, harassed, or in any other way discriminated against for filing a qui tam claim. Additionally, under certain circumstances, the whistleblower may be eligible for compensation. 

Our attorneys understand that whistleblowers who may have participated to some degree in submitting these claims may be reluctant to file a qui tam lawsuit. For those who elect to move forward with their claims, it is important to remember that your suit will be filed under seal and will remain confidential. Furthermore, the federal False Claims Act and certain state laws provide additional protection for whistleblowers.  

The anti-retaliation provisions of the False Claims Act protect whistleblowers from being fired, demoted, threatened, harassed, suspended or otherwise discriminated against in the terms or conditions of employment. If you are retaliated against for being a whistleblower, your attorney may file a lawsuit against your employer seeking:

  • Reinstatement if you were terminated
  • Twice the amount of back pay you lost as a result of the illegal retaliation
  • Interest on the back pay
  • Litigation costs, attorneys’ fees, and other special damages

If you would like to speak to a whistleblower attorney regarding your concerns about whistleblower protection & rights, please do not hesitate to contact us today. Any discussions you have with our attorneys are protected by the attorney-client privilege, which means that the discussions will remain confidential.

What kind of evidence does a whistleblower need?

Detailed evidence is a very important component in any qui tam case, even if the qui tam relator did not witness the fraud first-hand. Documentary evidence—such as financial records, emails, or memorandums—is often used in this type of litigation.

Some whistleblowers use a personal recording device to obtain evidence at meetings or conferences, or they record phone conversations. Please note, however, that each state may have different laws about whether this type of evidence is admissible in court. Consult with your attorney before taking any recordings without the knowledge of your employer. If the government gets involved with the case, it may obtain company documents through subpoena and ask the whistleblower for help deciphering the evidence. Though the nature of the evidence will vary based on the industry, it must demonstrate:

  • The fraudulent party’s intent to defraud the government.
  • The extent and financial impact of the fraud.

If you are still working on collecting evidence to support your claim, try to obtain evidence that answers the following questions:

  • Who is perpetrating the fraud and who else knew/knows about it?
  • What violation is taking place?
  • When and where did the violation occur?
  • How was/is the fraud perpetrated?
  • Is the fraud ongoing?
  • What are the implications of the fraud for the government/the public?
  • How much money has been defrauded from the government?

For healthcare employees, it’s important to note that HIPAA contains certain exemptions for whistleblowers.

 

Potential whistleblowers looking to procure evidence of fraud can speak with our lawyers to learn more about what to do. Our attorneys can answer any questions or concerns you may have, so don't hesitate to contact us today.

What will a whistleblower attorney do?

Whistleblower lawsuits are a complex type of litigation that have specific filing and pleading requirements and other unique considerations. Presenting a strong, well-documented case helps persuade the government to get involved with the investigation and can increase the likelihood that the whistleblower receives a monetary award for exposing fraud.

An attorney can also help to protect a whistleblower’s anonymity and protect them against retaliation.

 

We will evaluate your claim

The first thing our whistleblower attorneys will do is take a look at the evidence you have supporting fraud allegations. If we decide that your case could be stronger, we may advise that you take further steps, such as obtaining additional documentation. We may also recommend that you internally report the incident or take some other action before filing a claim.

We will help you file a lawsuit or submit information

The next step depends on the type of case. If your case is a qui tam lawsuit under the False Claims Act, our attorneys will file a lawsuit in federal court detailing how the company or organization is defrauding the government. If your case is not qui tam and involves securities fraud, tax fraud, or some other type of fraud, you may not have to file a lawsuit, but you will have to submit information under the appropriate whistleblower program.

We will help persuade the government to get involved

We understand that your case is more likely to be successful if the government chooses to intervene. We have the experience needed to compose your case in such a way that the government will be convinced to join the lawsuit.

We will be by your side

After your claim is submitted, the government may want to meet with you. Your whistleblower attorney will accompany you to these meetings and help prepare you for any questions that may be asked.

We will fight for the maximum relator award

Although you’re entitled to a portion of the money recovered in a whistleblower lawsuit, the government (and in some cases the court) has discretion in deciding the amount of your award. An attorney will make sure that you are not short-changed for your contributions as a whistleblower.

We will protect your identity and protect you from retaliation

It’s not always possible to keep a whistleblower’s identity a secret, but if your wish is to remain anonymous, we will do everything possible under applicable laws to protect your identity. It is illegal for you to be discharged, demoted, suspended, threatened, harassed, or in any other way discriminated against for filing a whistleblower claim, so if you are retaliated against for being a whistleblower, your attorney may file a lawsuit against your employer seeking reinstatement, compensation for lost pay, and more.

Our experienced attorneys are available to answer any questions or concerns you may have regarding qui tam lawsuits, so do not hesitate to contact us today.

What is fraud?

When you witness misconduct in your workplace, it can be difficult to figure out whether it meets the legal definition of fraud. It is possible, unfortunately, for company policies to be unethical or inappropriate without technically being illegal.

When a company or individual intentionally requests unearned or inappropriate reimbursements from the government, they are ultimately hurting taxpayers. This is the type of fraud that leads to qui tam lawsuits: deliberate, large-scale fraud schemes that misuse state or federal funding.

Many of America’s major industries rely on taxpayer dollars to thrive. Programs like Medicare, Medicaid and TRICARE therefore have rules in place to ensure that taxpayer funding is used responsibly.

What whistleblowing means to the government



 

As it relates to qui tam lawsuits, fraud is a deliberate, significant misuse or theft of taxpayer funding. It can be committed by individuals or entire organizations.

For example, healthcare organizations can commit fraud by regularly encouraging employees to upcode or unbundle Medicare services, and defense contractors can do so by knowingly charging the government for faulty military equipment.

Any publicly traded company may also be guilty of fraud if it deliberately misleads investors or engages in money laundering, insider trading, or other securities violations.

Whistleblowers are individuals that give the government detailed evidence and information about such fraud schemes. Because that evidence must demonstrate an intent to defraud the government, most whistleblowers are employees or contractors of the fraudulent company.

People who work for or with the company usually have the most opportunities to collect evidence such as internal emails, invoices, and relevant patient records.

CONTACT US


How to identify fraud

Any healthcare provider that deliberately or negligently hurts patients should of course be reported. That said, certain types of patient harm are classified as medical malpractice, not fraud.

When it comes to whistleblower laws like the False Claims Act, fraud pertains specifically to the misrepresentation of goods and services in pursuit of unearned public reimbursements.

It is possible for companies and individuals to commit both fraud and malpractice, but in order to file a whistleblower case with the government you must prove that a significant amount of state or federal funding has been misused.

The amount of defrauded funds plays an important role in the government's decisions about which cases to pursue. Though each whistleblower program has different reward policies, rewards have traditionally been offered to whistleblowers whose original information generates $1 million or more in recoveries for the government and taxpayers.

In pursuit of qui tam cases, the government therefore tends to investigate systemic fraud schemes where hundreds or even thousands of false claims have submitted.

An experienced whistleblower attorney can help you find out whether the misconduct you've witnessed qualifies as fraud.

What is the False Claims Act?

The False Claims Act is also known as the “Lincoln Law,” signed into effect during the American Civil War as a reaction to contractors selling the Union Army things like sick horses and mules. Designed to help U.S. taxpayers recover money that has been stolen from the federal government, the law allows any person who has information regarding a false claim to bring a whistleblower lawsuit against the company or organization that committed the fraud.

The False Claims Act holds anyone who knowingly provides false claims to the government financially accountable. The law contains a “qui tam” (pronounced “kee tam” or “kwee tam”) provision allowing private citizens with knowledge of fraud against the United States government to file a lawsuit on behalf of the government. These patriotic citizens are rewarded by a substantial share in any financial recovery that is made.

The role of the federal government

Under the False Claims Act, the government has the primary responsibility for prosecuting the case. After the suit has been filed, the Attorney General’s office or the Department of Justice will investigate the allegations contained in the case. This investigation may involve one or more law enforcement agencies, such as the FBI or the Office of the Inspector General. Following this investigation, the Department of Justice may intervene in the case.

This means that the Department of Justice believes the whistleblower has a strong case and has exposed fraudulent activity. If the Department of Justice declines to intervene in the lawsuit, the whistleblower may proceed with the case and prosecute the lawsuit on behalf of the U.S. government.

Examples of fraudulent activities

Fraud that constitutes a violation of the False Claims Act can occur in any industry that enters into a government contract. Often, False Claims Act cases involve Medicare and Medicaid, healthcare fraud, or defense contractor fraud.

Healthcare fraud cases may involve fraudulent cost reports, fraudulent billing, charging for unnecessary services, and kickbacks for patient referrals. Similarly, defense contractor fraud consists of a number of fraudulent schemes, such as cross-charging and product substitution.

Colleges, universities, and other education programs can also commit False Claims Act violations. These organizations must be accredited by an authorized organization to receive government funds and receive tuition payment through the government loan programs. In recent years, for-profit colleges and online colleges have been accused of submitting false or misleading information to attain accreditation and therefore become eligible for student loan programs offered by the federal government.

FCA Recoveries from 1987-2015

  • Total recovered amount: $48,370,504,273
  • Total number of qui tam actions: 10,593
  • Amount recovered in qui tam cases: $33,230,410,007
  • Recoveries from cases in which the U.S. government intervened: $31,074,452,032
  • Recoveries from cases in which the U.S. government declined to intervene: $2,155,957,974
  • Total whistleblower reward amount: $5,328,756,494

Why report fraud?

Fraud against the government ultimately hurts all taxpayers. Citizens pay taxes that help the government to perform vital public services. When the government is defrauded or laws are violated for private gain, it is the people who end up paying the price.

We understand that it takes great courage to come forward and blow the whistle on fraud; however, without the help of whistleblowers, the government and the American taxpayer will continue to lose billions every year due to fraudulent activity.

By filing a lawsuit, the whistleblower may be entitled to receive a substantial financial reward. If the lawsuit is successful in recovering the amount that was defrauded, the whistleblower is entitled to a reward of between 15% and 30% of the total amount recovered.

It is not uncommon for whistleblowers to receive substantial financial rewards, particularly in cases involving Medicare fraud, pharmaceutical company fraud, or fraud against the Department of Defense. Your attorney will negotiate with the Department of Justice so that you receive an award that fully compensates you for the valuable information you have provided.

Whistleblowers who successfully expose fraud against the government do profit financially, but they also set right a wrong and perform a valuable public service.

READ THE WHISTLEBLOWER GUIDEBOOK

Who can be a whistleblower?

A whistleblower must have original evidence of the alleged fraud that paints a clear picture of the wrongdoing. ‘Original evidence’ means evidence that is not derived from publicly-available sources (such as newspapers, TV, the Internet, a court record, or a government report), or evidence that is not already known by the government. Original evidence may, however, derive from independent analysis of publicly available information. Non-employees such as independent contractors, subcontractors, private businesses or organizations, public interest groups, outside advisors, customers, and even those with secondhand knowledge of fraud may be able to file whistleblower claims. Also, the person or entity filing the lawsuit need not have been personally harmed by the fraudulent conduct.

What kind of evidence must a whistleblower have?

Firsthand observation of fraud is not necessary, but details of the fraud sufficient to initiate an investigation is needed. Documentary evidence—such as financial records, emails, or memorandums—is often used in whistleblower cases. Some whistleblowers use a personal recording device to obtain evidence at meetings or conferences, or they record phone conversations. If the government gets involved with the case, it may obtain company documents through subpoena and ask the whistleblower for help deciphering the evidence. If you haven’t yet come forward as a whistleblower and are still working on collecting evidence to support your claim, try to obtain evidence that answers the following questions:

  • Who is perpetrating the fraud and who else knew/knows about it?
  • What violation is taking place?
  • When and where did the violation occur?
  • How was/is the fraud perpetrated?
  • Is the fraud ongoing?
  • What are the implications of the fraud for the government/the public?

Potential whistleblowers looking to procure evidence of fraud can speak with our lawyers to learn more about what to do. Our attorneys can answer any questions or concerns you may have, so contact us today.

What does 'qui tam' mean?

Qui tam (pronounced “kee tam” or “kwee tom”) is an abbreviation of a Latin phrase meaning “who as well for the king as for himself sues in this matter.” Qui tam cases are different from other types of lawsuits, such as those involving personal injuries, because the person bringing the lawsuit is not the one who has been harmed.

In a qui tam lawsuit, a relator with knowledge of fraudulent activity is filing the case on behalf of the government, which will decide whether to join the case after conducting its own investigation.

The qui tam provision of the False Claims Act was enacted specifically to encourage private citizens to come forward with information about entities defrauding federal programs to allow the government a chance to recover stolen funds.

In many cases, the government would not have been aware of the fraudulent activity had the relator not come forward; therefore, the relator is entitled to receive a financial reward for his or her service to the country if the litigation is successful.
 

READ THE WHISTLEBLOWER GUIDEBOOK


What is the 'False Claims Act' and what types of activities are covered?

 

  The False Claims Act is a federal law that imposes liability on individuals and companies who defraud the government. This law contains a “qui tam” provision that allows individuals who have knowledge that a corporation or organization is defrauding the government to “blow the whistle” on the illegal activity. The person who files a qui tam case is often referred to as the “relator” or “whistleblower.”

Under the False Claims Act, a company, organization, or individual can be held liable for most types of fraud involving a federally funded contract or program, with a few exceptions.

A broad range of scenarios can give rise to qui tam claims. Some examples include:

  • Improper Medicare/Medicaid billing, including overbilling and billing for services or procedures that were not provided
  • Overcharging for goods or services provided under government contracts
  • Knowingly selling the government defective or dangerous products
  • Requesting payment for goods and services that were not provided
  • Marketing drugs for non-FDA approved uses
  • A grant recipient charging the government for costs that are not grant related

When and how should a whistleblower report fraud?

Anyone, at any time, can report suspected wrongdoing. But the decision to blow the whistle could affect your personal and professional life and should be made carefully—and with advice from an attorney.

In terms of reporting the fraud, the process depends on the type of fraud and the whistleblower laws involved. In general, the whistleblower process is as follows:

  • Obtaining evidence
  • Submitting the evidence/filing a claim
  • Government investigation
  • Case settlement or judgment

Our lawyers can tell you more about how to file a claim and what to expect as a whistleblower during a confidential case review.

To speak with an experienced whistleblower attorney, please contact us today. Following an initial consultation, our attorneys can help you determine whether a whistleblower lawsuit is appropriate and will work with you to protect your confidentiality.

What are whistleblowers' rights and protections?

Blowing the whistle on fraud or other illegal activity that hurts the public interest  – also known by the Latin term qui tam – is an act of civic service, and those that do it deserve to be protected. Without these protections, many whistleblowers would hesitate to raise the alarm for fear of personal retaliation. 

For this reason, the United States federal government passed a law providing protection – and sometimes, compensation – to whistleblowers in 1863, a time of great fraud perpetrated on the part of various Civil War military contractors. This law has been amended multiple times, but the core has remained the same. 

Known as The False Claims Act, the law protects whistleblowers from retaliation.  It is illegal for you to be discharged, demoted, suspended, threatened, harassed, or in any other way discriminated against for filing a qui tam claim. Additionally, under certain circumstances, the whistleblower may be eligible for compensation. 

Our attorneys understand that whistleblowers who may have participated to some degree in submitting these claims may be reluctant to file a qui tam lawsuit. For those who elect to move forward with their claims, it is important to remember that your suit will be filed under seal and will remain confidential. Furthermore, the federal False Claims Act and certain state laws provide additional protection for whistleblowers.  

The anti-retaliation provisions of the False Claims Act protect whistleblowers from being fired, demoted, threatened, harassed, suspended or otherwise discriminated against in the terms or conditions of employment. If you are retaliated against for being a whistleblower, your attorney may file a lawsuit against your employer seeking:

  • Reinstatement if you were terminated
  • Twice the amount of back pay you lost as a result of the illegal retaliation
  • Interest on the back pay
  • Litigation costs, attorneys’ fees, and other special damages

If you would like to speak to a whistleblower attorney regarding your concerns about whistleblower protection & rights, please do not hesitate to contact us today. Any discussions you have with our attorneys are protected by the attorney-client privilege, which means that the discussions will remain confidential.

What kind of evidence does a whistleblower need?

Detailed evidence is a very important component in any qui tam case, even if the qui tam relator did not witness the fraud first-hand. Documentary evidence—such as financial records, emails, or memorandums—is often used in this type of litigation.

Some whistleblowers use a personal recording device to obtain evidence at meetings or conferences, or they record phone conversations. Please note, however, that each state may have different laws about whether this type of evidence is admissible in court. Consult with your attorney before taking any recordings without the knowledge of your employer. If the government gets involved with the case, it may obtain company documents through subpoena and ask the whistleblower for help deciphering the evidence. Though the nature of the evidence will vary based on the industry, it must demonstrate:

  • The fraudulent party’s intent to defraud the government.
  • The extent and financial impact of the fraud.

If you are still working on collecting evidence to support your claim, try to obtain evidence that answers the following questions:

  • Who is perpetrating the fraud and who else knew/knows about it?
  • What violation is taking place?
  • When and where did the violation occur?
  • How was/is the fraud perpetrated?
  • Is the fraud ongoing?
  • What are the implications of the fraud for the government/the public?
  • How much money has been defrauded from the government?

For healthcare employees, it’s important to note that HIPAA contains certain exemptions for whistleblowers.

 

Potential whistleblowers looking to procure evidence of fraud can speak with our lawyers to learn more about what to do. Our attorneys can answer any questions or concerns you may have, so don't hesitate to contact us today.

What will a whistleblower attorney do?

Whistleblower lawsuits are a complex type of litigation that have specific filing and pleading requirements and other unique considerations. Presenting a strong, well-documented case helps persuade the government to get involved with the investigation and can increase the likelihood that the whistleblower receives a monetary award for exposing fraud.

An attorney can also help to protect a whistleblower’s anonymity and protect them against retaliation.

 

We will evaluate your claim

The first thing our whistleblower attorneys will do is take a look at the evidence you have supporting fraud allegations. If we decide that your case could be stronger, we may advise that you take further steps, such as obtaining additional documentation. We may also recommend that you internally report the incident or take some other action before filing a claim.

We will help you file a lawsuit or submit information

The next step depends on the type of case. If your case is a qui tam lawsuit under the False Claims Act, our attorneys will file a lawsuit in federal court detailing how the company or organization is defrauding the government. If your case is not qui tam and involves securities fraud, tax fraud, or some other type of fraud, you may not have to file a lawsuit, but you will have to submit information under the appropriate whistleblower program.

We will help persuade the government to get involved

We understand that your case is more likely to be successful if the government chooses to intervene. We have the experience needed to compose your case in such a way that the government will be convinced to join the lawsuit.

We will be by your side

After your claim is submitted, the government may want to meet with you. Your whistleblower attorney will accompany you to these meetings and help prepare you for any questions that may be asked.

We will fight for the maximum relator award

Although you’re entitled to a portion of the money recovered in a whistleblower lawsuit, the government (and in some cases the court) has discretion in deciding the amount of your award. An attorney will make sure that you are not short-changed for your contributions as a whistleblower.

We will protect your identity and protect you from retaliation

It’s not always possible to keep a whistleblower’s identity a secret, but if your wish is to remain anonymous, we will do everything possible under applicable laws to protect your identity. It is illegal for you to be discharged, demoted, suspended, threatened, harassed, or in any other way discriminated against for filing a whistleblower claim, so if you are retaliated against for being a whistleblower, your attorney may file a lawsuit against your employer seeking reinstatement, compensation for lost pay, and more.

Our experienced attorneys are available to answer any questions or concerns you may have regarding qui tam lawsuits, so do not hesitate to contact us today.