Whistleblower Claims

What Is a Whistleblower Lawsuit?

Choosing to come forward with evidence that an individual or business may be committing fraud against the government is a brave and honorable act. Anyone who files a whistleblower lawsuit (also called a qui tam lawsuit) under the False Claims Act is playing a pivotal role in the detection, investigation and prosecution of fraud against the government.

It has been estimated that up to 10 percent of government spending is wasted due to fraud and abuse. The federal False Claims Act, which dates back to Civil War profiteering, authorizes private persons to sue on behalf of the government to recover money stolen by fraud and abuse. The FCA also offers whistleblower protections to ensure that individuals who have the courage to bring fraud allegations to the government’s attention cannot be retaliated against by their employer.

A whistleblower may receive up to 25 percent of any money that the government recovers as a result of his or her qui tam lawsuit. From January 2009 through the end of fiscal year 2016, the Justice Department recovered nearly $24 billion in settlements and judgments stemming from whistleblower lawsuits. During that same time period, whistleblowers were given over $4 billion in whistleblower rewards.

Qui tam lawsuits can be brought against any organization, even government entities, that violate a law or regulation. Whistleblower cases are frequently filed against healthcare providers who submit false claims to Medicare and Medicaid, including pharmaceutical companies that promote and market their drugs deceptively or for unapproved “off label” uses. Other examples of whistleblower lawsuits include claims against defense contractors that cheat the government by overcharging or providing defective goods or services to the Department of Defense, or financial institutions that provide misrepresentations to investors in the name of profit.

Whistleblower Lawsuit Practice Areas

• Aerospace Fraud
• Defense Contractor Fraud
• Healthcare Fraud
• Medicare / Medicaid Fraud
• Hospice Care Fraud
• Mortgage Fraud
• Pharmaceutical Fraud
• Securities Fraud
• Tax Fraud

If you have witnessed or are aware of fraud against the government that could be costing taxpayer’s money, you have the right and duty to expose it. Whether you are a high ranking official within a company, an employee or even a bystander who becomes aware of fraudulent activities, filing a whistleblower lawsuit requires the assistance of legal professionals with experience handling these complicated cases.

Federal Whistleblower Laws

There are four major laws that are employed to address fraud against the government:

• The False Claims Act (FCA) covers federal spending, contracting and procurement. Fraud involving healthcare (including Medicare and Medicaid, hospice care, and the pharmaceutical industry), defense contracting and aerospace, and the housing and mortgage industry, fall under the FCA. The FCA allows private citizens to file a whistleblower lawsuit on behalf of the government and to potentially receive a significant reward based on a percentage of any money recovered in a successful enforcement action.
• The Internal Revenue Code contains whistleblower provisions that were strengthened with the passage of the Tax Relief and Health Care Act of 2006. Whistleblowers who report information on significant underpayment of taxes or tax fraud by corporations or individuals will be covered by this law and may be eligible to receive a reward for bringing allegations to the government’s attention.
• Fraud related to stocks, securities, or commodities is covered under the Securities Exchange Act and the Commodity Exchange Act. Both Acts were amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to add significant whistleblower provisions, including protections and the possibility of substantial rewards.

For more information on each of these laws and how they might apply to your case, please contact us to speak with an experienced qui tam attorney.

Contacting a Whistleblower Attorney

An individual with knowledge of fraud against the government or consumers who is considering taking legal action should contact a law firm that is experienced in the complexities of qui tam law. A number of questions and aspects regarding these laws should be reviewed with an attorney before a whistleblower lawsuit is filed.

A short list of questions for a whistleblower attorney to answer might include the following: