Whistleblower & Qui Tam

Cases We Handle

False Claim Act Fraud

• Healthcare
  • Medicare, Medicaid, Tri-Care or any government health plan
  • Provider, Hospital, Nursing Home, Hospice, DME
  • AKS & Stark
• Pharmaceutical
  • AKS
  • Off label marketing
• Defense Contractor
  • AKS
  • Inferior or defective product replacement
• Small Business Administration
  • Service-Disabled-Veteran-Owned-Small-Business
  • CARES Act & PPP loan
• Customs, Tariff/Duty
  • Misrepresenting value of goods
  • Misrepresenting country of origin

 
Other Government Whistleblower Economic Fraud Programs

• Internal Revenue Service (IRS)
• Dodd-Frank
  • Securities and Exchange Commission (SEC)
  • Commodity Futures Trading Commission (CFTC)
• Anti-Money Laundering (AML)

If your client has knowledge of a person or company attempting to defraud the federal and state governments, and they come forward with this information, your client may be financially rewarded for their courage.
 
These individuals are known as whistleblowers, and they play a critical role in holding fraudsters accountable. As a result, they protect taxpayer dollars and is the reason the U.S. government and some state governments offer financial incentives and protections to those who share credible information and file civil qui tam lawsuits under seal in federal and state courts.
 
Although your client might be nervous to come forward for fear of repercussions from their employer, there are laws in place that may provide your eligible clients with remedies because of whistleblower retaliation. 

Defrauding Government Programs

When an individual or company seeks to fraudulently procure funds from the federal and some state governments, it’s considered fraud and a violation of federal and State False Claims Act (FCA) laws. The FCA, also known as the Lincoln Law, potentially imposes up to treble damages and civil monetary fines on those fraudsters who are either convicted, or settle allegations of fraud, against the government.
 
Fraud occurs in every industry in which government contracts exist.

Qui Tam

“Qui tam” is a shortened Latin phrase meaning “who as well for the king as for himself sues in the manner.” In other words, it means that an individual is filing a lawsuit on behalf of their government. 
 
Qui tam is a provision in the FCA that allows private citizens with evidence of fraud perpetrated against the federal and some states governments, the opportunity to sue the wrongdoer on behalf of the governments. These citizens are rewarded with a substantial share in any financial recovery that’s made, typically 15-30% of the total amount, depending on various factors.
 
The qui tam provision was enacted to encourage private citizens to come forward with information about entities defrauding federal and/or state programs, thus allowing the government to recoup stolen funds. Qui tam lawsuits differ from other types of lawsuits, such as personal injuries, in that the person bringing the suit is not the one who has been directly harmed.
 
Any person with information about fraud against the government – an employee, contractor, competitor, or someone else – can bring a qui tam lawsuit. 
 
If your client has information about fraud against the government, federal and/or, contact Morgan & Morgan. Our attorneys can help your client determine if they have a case, and securely walk them through the process.

Blowing the Whistle

The first thing your client should do is contact an experienced whistleblower lawyer who can guide them through this process. An attorney will know what kind of evidence to gather, how best to collect it, and how to build the strongest case possible.
 
We realize this is a scary time for your client, but blowing the whistle on fraudulent behavior is the right thing to do, and your client could be rewarded for their bravery and patriotism. Across all our practice areas, Morgan & Morgan has recovered more than $15 billion for clients.
 
To find out if your client qualifies for a whistleblower lawsuit, and to learn more about what these cases entail, fill out a case review form for a free, confidential consultation. It costs nothing up front to hire us, and we get paid only if your client wins.

Protecting Whistleblowers

The government affords certain protections for whistleblowers. The FCA law has an anti-retaliation provision that has legal remedies for qualified whistleblowers. Whistleblowers may not be harassed, threatened, demoted, fired, or otherwise discriminated against because of their good-faith belief that their employer is/has engaged in fraud against the government.

Evidence a Whistleblower Needs

The evidence your client collects will mostly depend on the type of fraud alleged. Further, only collecting corroborating evidence of the alleged fraud is critically important to the success of an FCA case. Non-relevant, trade secret, and attorney-client privileged information and/or documents are not only unnecessary but can and do puts the whistleblower client in legal jeopardy. Thus, do not counsel your client to get everything to include the “kitchen sink.” Instead, develop a thought-out plan to only gather the relevant and corroborative evidence that supports the whistleblower’s own allegations of fraud.
 
Keep in mind the following questions when determining the type of relevant corroborative evidence to gather:

• Who is committing the fraud?
• Who knows about it?
• What violation is/were being committed?
• When did the fraud occur?
• Where did the crime occur?
• Is the fraud ongoing?
• How was/is the fraud perpetrated?
• What are the implications of the fraud for the government/public?
• How much money was defrauded?

Whistleblowers are protected under various statutes and case law precedent when it comes to the collection of evidence to prove a good-faith belied that fraud is/was being committed against the government. For example, HIPAA contains certain exemptions for healthcare employees who provide PHI to the government via their attorneys so long as the whistleblower is operating under a good faith belief in exposing fraud. Also, courts extend the public policy exception to prevent fraudsters from retaliating against whistleblowers by attempting or threatening legal actions against a whistleblower via the enforcement of pre-or-post-employment agreements.

Anonymity and Whistleblowers

The False Claims Act requires that qui tam lawsuits are kept “under seal” while the case is under investigation. This means that anyone other than the U.S. Department of Justice, the U.S. attorney, and the assigned judge of the District Court cannot view the details of your client’s case until the case becomes unsealed. If your client has any concerns about their anonymity during this process, it’s a good idea to speak with our whistleblower attorneys and learn more about the laws that will affect your client’s case.

Importance of Engaging a Whistleblower Attorney

Whistleblower lawsuits are complex, but our legal team has the know-how to handle your client’s case. Our attorneys are experienced in litigating qui tam and other whistleblower claims, from healthcare fraud to defense contractor fraud, and we have the resources to cover the expenses associated with your client’s lawsuit. We can:

• Evaluate your client’s claim and all evidence relating to it.
• Help your client file a lawsuit or submit information under the appropriate whistleblower program (depending on your client’s type of case).
• Persuade the government to get involved in your client’s case, which increases the likelihood for success.
• Fight for the maximum compensation for your client’s contributions as a whistleblower.
• Remain by your client’s side from start to finish.