Articles Tagged with law firm for government fraud whistleblowers

simon-abrams-286276-copy-300x200No one likes a snitch in petty situations, but in the face of corporate fraud, employee whistleblowers are some of the most invaluable individuals to society. While employees may try to seek recourse for improper employer actions internally, they will often find this path closed off to them. A company’s internal human resources department will more often than not side with the employer and not with an employee who is attempting to divulge negative intel about the company. As such, employees are often left with no choice but to blow the whistle on their employer’s unruly conduct through other outlets. Listed below are just a few reasons why employee whistleblowers are so important. If you have reason to believe your employer is engaging in fraud of any sort, contact the experienced whistleblower attorneys at Willoughby Brod LLP today to have your case reviewed for free by a legal professional.

Employee whistleblowers have an insider’s view.

Employees who work closely alongside the mastermind of the fraud typically have a unique, and superior, vantage point into the fraud that is being committed. Not only are they able to detect fraud at the source, but they are sometimes the only person who is aware of the fraud. Thus, it is crucial that employees who detect fraud within their companies report the fraud as quickly as possible. By reporting fraud in a timely fashion, an employee whistleblower can not only prevent damage to potential victims of the fraud, but also ensure a higher likelihood that he or she receives the highest reward possible from the government for reporting the fraud.

The False Claims Act is a powerful weapon and, as we’ve talked about on this page numerous times, a large part of that power comes from the fact that ordinary citizens can use it to fight many forms of fraud on the United States government.  After the initial filing of a whistleblower fraud claim, the government will eventually decide whether or not to intervene in the case.  This is an important part of the process and our whistleblowers’ law firm knows that intervention in False Claims Act cases, such as recently occurred in a health care fraud suit, is often a positive sign.  However, it is important to know that claims can be and are successful even absent government intervention.

The FCA and Intervention Generally

lawbooksThe False Claims Act (“FCA” or “the Act”) is a Civil War Era statute that was reenergized by a series of amendments in the 1980s.  In short, a company or individual violates the Act when it defrauds the government, typically by overcharging the government or a government agency.  Under 31 U.S.C. §3730(b), private citizens are given the power to bring FCA claims on the government’s behalf.  These whistleblowers, also known as relators, are crucial since fraud by its nature is secretive and the government could not effectively fight fraud without the assistance of individuals who witness fraudulent acts.  After the suit is filed, the government investigates the claim and then the Department of Justice (“DOJ”) decides whether or not it wants to take over the case.  The decision to do so is known in legal circles as intervention.

You’ve witnessed something amiss in your workplace.  Whether it is a medical practice routinely upcoding Medicare claims to charge for more expensive procedures than were actually performed, a government contractor cheating the government by providing goods that are inferior to those promised, or another form of overcharging the government, you suspect your employer is committing fraud on the government.  You know the right thing to do is report it, perhaps asking questions internally and then turning to outside help if that doesn’t resolve the issue.   Still, you are scared.  At The Brod Law Firm, our whistleblower’s law firm understands your concerns and we want to assure you that the law does as well.  In addition to providing a substantial reward to those who bring fraud cases under the False Claims Act on the government’s behalf, the law includes anti-retaliation provisions and substantial government fraud whistleblower protections.  We are committed to ensuring whistleblowers are protected from retaliation because we believe whistleblowers are providing a critical service to the American people.

The False Claims Act: The Role of Private Whistleblowers and the Rules Protecting Them

As long-time readers of this blog know, the False Claims Act (“FCA”) is one of the most powerful tools for fighting fraud on the U.S. government.  Chapter 31 Section 3729 of the United States Code makes it illegal for an entity/individual to knowingly make a false claim for payment from the federal government or its agencies, including using a falsified record to support an inappropriate claim.  A key part of the subsequent section, 31 U.S.C. §3730, allows private justiceindividuals (“relators”) to bring FCA claims on the government’s behalf.  The government then has the option of joining the suit (“intervening”) or having the whistleblower proceed with the prosecution.  If the relator’s information and efforts lead to the government recovering money, the relator is entitled to between 15 and 30 percent of the recovered funds.

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