Pursuing Justice With The False Claims Act
The False Claims Act gives private individuals the power to file lawsuits against those who defraud the United States government. In fact, these whistleblowers are a valuable resource for governments to discover fraudulent activity within their departments.
Representation You Can Trust
Shanberg Stafford LLP, is a trusted law firm that takes on complicated whistleblower cases and pursues them zealously. Our false claims act attorneys have over 60 years of combined experience in a wide variety of business law areas with a track record of success. If you think you may have information that may lead to a qui tam case, you can confidently speak to one of our California or Washington-based lawyers.
What Are Protected Whistleblower Actions?
Under the Federal False Claims Act, protected whistleblowing covers lawful actions to stop or report fraud involving federal funds or government programs. This fraud can take many forms. Our attorneys often review cases involving:
- Medicare or Medicaid fraud, such as upcoding
- Billing for services or work never performed
- Illegal kickbacks or referral schemes
- Product substitution or quality failures on government contracts
- False certifications for grants or PPP loans
- Padded time sheets on federal projects
The law protects you if you raise concerns internally, assist government investigators or take other good-faith steps to stop False Claims Act violations. Employees, contractors and some agents may qualify for these protections. California and Washington state laws can also provide additional claims or remedies depending on your specific situation.
If you wonder what will happen if you pursue a whistleblower case and are afraid of the consequences of bringing this type of situation to court, you are not alone. The act allows for the confidential filing of whistleblower cases in a United States District Court. While the case is under seal, the office of the United States Attorney General and the local United States Attorney review the case.
A General Overview Of The Qui Tam Case Process
A qui tam case allows a private person, known as a “relator,” to file a lawsuit on the government’s behalf and request a share of any money recovered. First, our attorneys review your information, your access to proof and any risks you may face. We will then build the case by drafting a sealed complaint and a detailed disclosure memo for the Department of Justice. We file this in federal court under seal, serving only the government.
Government agents and attorneys will then review your case and decide whether to “intervene” or join the case. If the government intervenes, it leads the litigation. If it declines, you and our litigation team can proceed with the case independently. Many cases resolve through settlement, while others may go to trial.
There are potential rewards to be gained from bringing a case covered by the False Claims Act to the attention of the United States Attorney General. Filing a lawsuit is an essential step in informing the government of corrupt practices taking place that cost exorbitant amounts of money. If found liable, the defendant in the case must pay the federal government civil penalties as well as triple the dollar amount of damages sustained.
Preserving Evidence To Support Your Report
A strong case depends on clear, specific proof of the fraud that you lawfully accessed as part of your job. You should focus on preserving items you have a right to see or use at work. Examples include:
- Government contracts and related modifications
- Internal emails or memos discussing the fraudulent scheme
- Company policy manuals or training presentations
- A private log of events, noting who said what and when
- Screenshots or exported files that show dates and sources
When saving copies, do not alter the files and store them in a secure, personal location. Take note that while evidence can include items such as invoices or billing logs, collecting documents containing patient health information is legally complex.
Before you copy or remove any sensitive company data or data protected by the Health Insurance Portability and Accountability Act (HIPAA), talk to a lawyer. Our attorneys can provide guidance to help you protect your claim and comply with workplace rules.
Your Protections Against Employer Retaliation
The False Claims Act includes an anti-retaliation provision that bars employers from punishing employees who lawfully try to stop fraud or assist in an FCA case. Aside from dismissal or termination, retaliation can also include:
- Demotion
- Pay cuts
- Threats
- Assignment to undesirable shifts
- Blacklisting that damages your career
If you are retaliated against, the law provides remedies. These can include reinstatement to your job, double back pay, special damages and the recovery of your attorneys’ fees and costs. California and Washington laws may also offer added protections or different remedies based on your specific role and location.
If you face pressure at work or suspect retaliation, contact our office right away. Our lawyers can move quickly to protect your career.
Put Our Experience To Work For You: Call Us Today
With the complexity of a qui tam whistleblower case, you need to have an experienced legal team behind you to not only comply with the many procedural requirements of this type of case but also meticulously gather evidence and craft a solid case strategy.
Call the law office Shanberg Stafford LLP, today at 866-902-0497 or contact us by email to find out more about how we can help you file a whistleblower case against corruption.