oakland whistleblower lawyer

September 30, 2019

What do You have to Prove in a Qui Tam Lawsuit?

rawpixel-760036-unsplash-300x289 Under the False Claims Act, an individual or agency can be held liable if they knowingly submit a false claim to the government, or cause the submission of a false claim. When individuals see these wrongdoings and false claims being made, they can pursue a whistleblower lawsuit to correct the wrong. Like any lawsuit though, they will need to provide certain proof before a lawsuit can proceed. The two elements of proof in these lawsuits are that the claim must have been made knowingly, and it must have been false or fraudulent.

Knowingly Making a False Claim

Defendants cannot only be held liable for submitting a false claim, they can also be held liable if they intended to submit one, even if they never did. However, the false claim must be made by a person with full intention of defrauding the government. Simple negligence or innocent errors are not enough to hold a person liable for the fraudulent act.

October 12, 2018

Should I Blow the Whistle? Pros and Cons of Whistleblowing

by Gregory J. Brod

max-bender-262783-unsplash-copy-300x199 As we do with almost everything in life, we weigh the risks against the rewards when deciding whether or not to blow the whistle on a company that we catch engaging in criminal acts. It can be easy to let our fears overtake us and prevent us from reporting crimes against the False Claims Act (FCA) or the California False Claims Act (CFCA), but there are many other factors to consider when weighing the pros and cons of whistleblowing. If you believe you have witnessed corporate fraud in violation of the FCA or CFCA, contact an experienced California whistleblower attorney immediately (time is of the essence in whistleblower cases) to learn more about the pros and cons to whistleblowing in your particular case.

Pros of Whistleblowing

You will finally be heard. If you witness fraud in your workplace, there is usually no sense in reporting the fraud to your employer. First, your employer is likely the one behind the fraud, so reporting it to your employer will only make things worse for you. Second, if you work for a large corporation or government, pushing through the bureaucracy to get your voice heard might be a bigger feat than you are prepared to take on alone. With a whistleblower attorney on your side, your voice will be heard and acted upon.

July 20, 2018

Four Step Guide to Whistleblowing

by Gregory J. Brod

samson-duborg-rankin-91091-unsplash-copy-300x200 If you suspect that your employer or another organization is committing fraud, financial mismanagement, unethical practices, or other illegal activities, you have a right to report that illegal activity as a whistleblower. This four step guide to whistleblowing will explain the exact steps you need to take to successfully report a whistleblowing case.

Hire a good lawyer, fast. The first thing you will want to do is hire an experienced whistleblower attorney as soon as you detect the organization’s illegal activities. While you may be tempted to report the illegal activity internally, many organizations will do anything they can to mask internal misconduct and will defend the company at your expense. Even though whistleblower retaliation is prohibited under federal OSHA laws and the California False Claims Act, it is not unheard of for employers to fire or mistreat their employees who have been discovered to be whistleblowers.

An experienced attorney, on the other hand, can give you advice as to exactly what you should be doing to gather evidence and build a strong case, without risking your job security. While a lawyer will be your best support in filing a whistleblower case, it is still your job to collect all the necessary evidence. A whistleblower case is not based on hunches alone but on hard, solid evidence.

November 2, 2016

How Laws Protect Whistleblowers

by Gregory J. Brod

Employers are expected to act ethically and within the law. Many state and federal laws and regulations mandate how employers should behave toward their employees, their customers, unions, the business community, and the environment. But we know many government and private employers break the law in big and small ways.

As an employee you may not be aware of shortcuts your boss may take to skirt a burdensome legal requirement or even when the officers and managers of the company you work for engage in full-scale illegal behavior. Employers, like any other lawbreaker, take precautions to hide their activities to ensure they do not get caught.

David vs. Goliath

May 22, 2015

Medicare Fraud: Home Health Care Scams

by Gregory J. Brod

According to ABC News, the rate of Medicare fraud is on the rise. One of the areas in which Medicare fraud is growing is home health care fraud. It’s important to be aware of this type of fraud, as it makes up a significant portion of health care fraud and often takes advantage of some of the most vulnerable members of society.

Home health care fraud can include billing for medically unnecessary services or care that was not actually provided. Home health care companies may fraudulently obtain patients’ personal medical information –including their Medicare numbers -and falsify medical documents and records in order to send fraudulent bills to Medicare for costly home health care services.

Health care fraud whistleblowers play a critical role in ending the perpetration of Medicare fraud, including home health care fraud. To protect those individuals who are most at risk, it’s important for witnesses to report suspicions of health care fraud.