A Government Fraud Attorney Can Help
Government fraud whistleblowers can receive a substantial whistleblower reward.
Whistleblowers have helped the federal government recover more than $28 billion. If your whistleblower case is successful, you will receive a reward in an amount between 15-30% of the government's total recovery.
Federal courts have ruled that whistleblower lawsuits that do not follow the rules of the False Claims Act must be dismissed.
Government fraud occurs when an individual or business knowingly submits a false or fraudulent claim for payment to the United States government. Common examples of government fraud include:
- Healthcare fraud
- Medicare fraud
- Military contractor fraud
- Procurement fraud
- Public works contract fraud
Whistleblowers must follow a very detailed process for the filing and pursuit of whistleblower claims.
During this process you must be represented by an attorney. Your whistleblower complaint must, by law, be filed under seal. This means it is kept on a secret docket by a federal Clerk of the Court. Your complaint then must be given only to the United States Department of Justice and the local United States Attorney where your whistleblower complaint is filed.
If you do not follow this process, you can lose your right to receive a whistleblower reward.
If you are thinking about blowing the whistle on government fraud, you should immediately speak with a knowledgeable government fraud attorney. Our government fraud attorneys provide assistance to whistleblowers across the United States.
We will provide answers to your questions. We will guide you through the whistleblower process. We will work with you from start to finish and help you maximize your whistleblower reward.
Do I Have a Good Government Fraud Whistleblower Case?
The first thing our government fraud lawyers do is determine whether you have a good case.
Good government fraud cases generally involve whistleblowers who are corporate insiders and who have access to strong evidence of fraudulent activities that violate a whistleblower law known as the False Claims Act.
The False Claims Act, 31 U.S.C. § 3729 (also called the FCA), is the most important federal law used to fight government fraud. The FCA enables private citizens to file whistleblower lawsuits on behalf of the United States.
FCA whistleblower lawsuits are also known as qui tam lawsuits. The whistleblower is often referred to as a qui tam relator because he or she communicates (relates) the evidence of fraud to the government.
In general, the FCA covers billing fraud involving any federally funded program or contract, with the exception of tax fraud. The four most common ways individuals and businesses violate the False Claims Act are by:
- Presenting a false or fraudulent claim for payment to the federal government
- Using a false record or statement to obtain payment from the federal government
- Conspiring with others to obtain payment for a false or fraudulent claim
- Concealing or avoiding an obligation to make a payment of money to the federal government
The False Claims Act requires whistleblowers to follow very specific rules. Here are three that every whistleblower should know about:
- First-to-File Rule: This rule provides that only the first person to file a whistleblower lawsuit can receive a whistleblower reward. As result, you must act quickly; you will lose your whistleblower case if you file too late.
- Public Disclosure Bar: This rule provides that whistleblower complaints must be based upon "original information" that has not already been disclosed to the public. As a result, your whistleblower complaint cannot be based upon public information, such as reports from the news media or information contained in federal proceedings, reports, hearings, audits, or investigations.
- Seal of Secrecy: This rule provides that your whistleblower lawsuit and its contents must be kept strictly confidential. As a result, you cannot tell the media, the defendant, or anyone other than your lawyer and federal prosecutors about your case.
Federal courts have ruled that whistleblower lawsuits that do not follow the rules of the False Claims Act must be dismissed.
In order to navigate the False Claims Act's complex rules and potential roadblocks, you should always work with an experienced government fraud lawyer.
Choosing the Right Government Fraud Lawyer Can Make All the Difference
The primary purpose of the False Claims Act is to encourage insiders who know about government fraud to come forward and blow the whistle. To encourage you to report fraud, the False Claims Act provides protection to whistleblowers from retaliation.
Whistleblower retaliation occurs whenever your employer discriminates against you or your family because you have made a whistleblower complaint or attempted to stop government fraud. Common examples of illegal whistleblower retaliation include:
- Hostile Work Environment Harassment, including all forms of intimidation and threats
- Wrongful Disciplinary Action, including all forms of suspension, demotion, and reduction in pay
- Wrongful Termination, including all forms of discharge, dismissal, and separation
- Third-Party Retaliation, including all forms of discrimination against family members, close relatives, and associated others who work with you
The scope of whistleblowers protected from retaliation under the False Claims Act is very broad.
The False Claims Act not only protects traditional employees from retaliation, but it also protects contractors and agents. This means that almost any person who works with or for a business that is defrauding the government will be protected against retaliation if they blow the whistle.
If you win your whistleblower retaliation claim, you may be entitled to substantial damages. The most common remedies available in whistleblower retaliation cases are:
- Reinstatement, including a return to the same seniority, status, and pay
- Double back pay, including payment of double the amount of wages you have lost, along with interest
- Special damages, including payment for your emotional damages
- Attorney's fees, including payment for your attorney's time, litigation costs, and expenses
Corporations and other business that commit fraud against the government will almost never admit that they have violated your whistleblower rights. That is why the key to your success is to seek advice from a skilled government fraud attorney.
Our government fraud attorneys are ready to protect you from whistleblower retaliation and help you stand up against government fraud.
