A great whistleblower attorney is one who will listen to your concerns and answer your questions clearly. Being a whistleblower is already a daunting task, especially with the possibility of retaliation from the individual or company you reported about. An attorney who has your best interests and can help protect you is invaluable.
Some lawyers and law firms have websites designed to make it appear the firm specializes in representing whistleblowers, but their experience is actually in other areas. Whistleblower laws, such as the False Claims Act and Dodd-Frank, are complicated, and a misinterpretation of their provisions could be harmful to your case.
A whistleblower is someone who leaks information about a business or government agency that violated the law in some way. A whistleblower can be, but is not limited to:
There are many different types of whistleblower cases, but the main kinds of fraud that individuals blow the whistle to expose are: Healthcare fraud — this includes fraud on the part of hospitals, pharmaceutical companies, medical device companies, and other parties.
Anyone can file a "private party" whistleblower action if they have evidence of Medicare or Medicaid fraud. The claim can be filed on behalf of the government against anyone who causes fraud in these programs, including state health care programs. Most states allow whistleblowers to recover wrongfully billed money. 9
The Office of Special Counsel (OSC) is an independent federal agency charged with investigating and prosecuting violations of the Whistleblower Protection Act.
the Whistleblower Protection ActIn 1989, Congress passed the Whistleblower Protection Act to “strengthen and improve protection for the rights of federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government.” One way the law did this was by clarifying the procedure by which employees could report wrongdoing and ...
The mathematical average of the total recoveries (settlements and judgments) for this time period is approximately $3.3 million, with an average whistleblower award of $562,000.
The Department of Justice (DOJ) has the exclusive statutory jurisdiction to investigate allegations of whistleblower retaliation involving: Employees of the Federal Bureau of Investigation.
Complaints that count as whistleblowing a criminal offence, for example fraud. someone's health and safety is in danger. risk or actual damage to the environment. a miscarriage of justice.
No. Under the laws of most states, it is illegal for an employer to retaliate against a whistleblower who has reported, or attempted to report, the illegal conduct of the employer.
The whistleblower may receive a reward of 10 percent to 30 percent of what the government recovers, if the SEC recovers more than $1 million. The SEC may increase the whistleblower award based on many factors, such as: How important the information that the whistleblower provided was to the enforcement action.
Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.
Currently, the claims review process takes approximately 2 years to complete. A Wall Street Journal article titled SEC Whistleblower Payouts Slow Amid Deluge of Reward Seekers reports that there is a substantial backlog of award applications.
WHISTLEBLOWER LAWSUITConfirm that there is an actual “false claim”Collect some evidence if possible.Hire an experienced whistleblower attorney.File a whistleblower complaint under seal.Offer to help the government with the investigation.Be patient with the process.Collect the largest possible reward.
Typically, it takes several months for an attorney to pull together and file the complaint, and the government investigation takes around 1-2 years, but can take up to as much as 10 depending on the case. Upon serving the whistleblower complaint, litigation commences.
In order to prove retaliation, you will need evidence to show all of the following: You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response.
Most importantly, whistleblowers should review the law firm’s track record of success. We are one of the few firms that have obtained multi-million dollar awards for whistleblowers at the SEC.
Before hiring a whistleblower law firm, consider the law firm’s reputation and approach to customer service. This may include reviewing a whistleblower lawyer’s Avvo rating, Martindale Hubbell Peer Review rating, client testimonials, awards, and other recognitions.
There are many types of whistleblower rewards and retaliation laws that protect whistleblowers and incentivize whistleblowing.
We pride ourselves not only on the results we achieve, but also on ensuring that we provide the highest level of customer service and that our clients are kept informed of all developments in their case and play an active role in every key strategic decision in their case.
The role of a whistleblower lawyer in DC includes trying to get all the information from the plaintiff-relator and learning about the plaintiff-relator’s industry as much as possible . It also requires explaining the process to a client, which is not always an easy process to go through. Sometimes trying to explain the government’s position may not be exactly what the client wants to hear.
All three of the major whistleblower reward programs, the IRS, the SEC, and the CFTC programs, are also relatively new and evolving with respect to what constitutes fraud, what those agencies may pursue, and how they proceed. These are areas that lawyers should constantly be reviewing and learning more about.
If someone wants to know what to look for in a DC qui tam lawyer, one of the first things they should consider is whether such an attorney concentrates on whistleblower law. There are relatively few lawyers who focus on whistleblower reward laws as a full-time issue. There are not as many as one might think in a country the size of the United States. Indeed, given the size of the federal budget and the size of stock markets, the number of cases brought under the False Claims Act or the SEC whistleblower law is really not that high.
A whistleblower is someone who leaks information about a business or government agency that violated the law in some way. A whistleblower can be, but is not limited to: An employee of a federal or state agency. An employee of a company. Anyone who sees wrongdoing.
That’s the reason the whistleblower protection laws have been created; To provide a way to investigate complaints and come to a resolution. These laws look at employer motivation for their actions, and the employer must show that the actions against the employee were part of their normal employment process.
If you think you have been wrongfully retaliated against for filing a complaint against your employer, you can file an OSHA whistleblower complaint using the online complaint form, or by phone, fax, or mail.
Whistleblower protection laws have been created to protect whistleblowers from retaliation by the companies or agencies involved.
California, for instance, has strong laws to protect whistleblowers. One of these laws, SB 496 , prohibits employers from making or adopting rules or policies to prevent an employee from disclosing information.
Florida's state code prohibits independent contractors from taking retaliatory action against someone who discloses information alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty by an agency, public offer, or employee. 4.
A false claim is one in which the claimant must have had actual knowledge, deliberately ignored the truth or falsity of the information, or had a "reckless disregard" for the truth. 10.
There have been several famous, high-profile whistleblower examples over the past several decades, such as Mark Felt, also known as Deep Throat, who played a pivotal role in helping reporters Bob Woodward and Carl Bernstein bring the Watergate scandal to light.
There are many different types of whistleblower cases, but the main kinds of fraud that individuals blow the whistle to expose are: Healthcare fraud — this includes fraud on the part of hospitals, pharmaceutical companies, medical device companies, and other parties.
Whistleblowers assist in moving society toward fairer treatment for workers, consumers, medical patients, and other groups who have been victimized by unfair policies, illegal acts, and other wrongdoings in the past.
The False Claims Act (FCA) Considered the country’s first and most effective antifraud law, the False Claims Act (31 U.S.C Sections 3729 through 3733) was signed in 1862 and then revised to strengthen its provisions.
There can be a sense of David versus Goliath in many whistleblower claims cases, since whistleblowing is often done by a relatively powerless individual against a sizeable and wealthy company or other entity with extensive financial and legal resources at its disposal.
Thanks to this piece of legislation, it is illegal for employers to fire, demote, harass, discriminate against, or otherwise punish employees for blowing the whistle on their employers’ wrongdoings.
Under the law, any individual or non-governmental organization can be rewarded for filing a lawsuit on behalf of the U.S. government and disclosing confidential information about fraud that resulted in financial losses for the federal government. Once a claim is made, the U.S. government can join the action.
These two terms are often used interchangeably, but there is a difference between lawyers and attorneys. Although both have a law degree, lawyers and attorneys don’t do the same jobs.
There are plenty of job opportunities for lawyers, but after finishing law school, it can be hard to decide what type of law practice you want to pursue. There are numerous career paths that you can choose based on your plans, ambitions, and perhaps most importantly, your interests.
Business lawyers or corporate lawyers ensure that all operations of an individual company are conducted within the legal framework of local, state, and federal laws. A business lawyer is involved in everything from liability and intellectual property disputes to mergers and revising all sorts of legal documentation.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.
There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.