Whistleblower FAQ: Frequently Asked Questions & Answers

whistleblower laws faq

What Whistleblowers Need to Know

Considering coming forward to blow-the-whistle? Covered whistleblowers are afforded protections under federal law from retaliation, coming forward to expose wrongdoing is a protected act. Even further, it's incentivized, as filing a qui-tam lawsuit may entitle you to a portion of recovered funds.

The decision to become a whistleblower and potentially expose oneself is a serious one. This short FAQ will address some of the most common questions our qui-tam whistleblower attorneys are asked.

Q: What is considered whistleblowing?

A:    Whistleblowing is the act of exposing information about waste, fraud, abuse, or corruption to the proper authorities. The following whistleblowing examples may help:

Example 1:    An employee of a health provider company who reports fraudulent practices, like double-billing, unbundling, or other billing fraud

Example 2:    An employee of a manufacturing plant who reports the illegal disposal of chemicals

Example 3:    A public employee who reports that the office-holder they work for is embezzling government funds

Example 4:    An employee of an investment firm who reports illegal activity to the SEC

 

Q: Are whistleblowers protected by the law?

A:    Yes, certain disclosures are protected by the law. The law that matters depends on the type of information that is being revealed.

The False Claims Act was passed to encourage whistleblowers to report fraud against federal programs. Whistleblowers can be rewarded with money that is recovered. [1]  

The Whistleblower Protection Act of 1989protects any government employees who properly expose information that reveals fraud against the public. [2]

Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act provides protections (and rewards) for whistleblowers who expose information that leads to SEC enforcement action. [3]

Q: What does Qui Tam mean?

A:    A Qui Tam action is a latin phrase meaning essentially, 'to sue on behalf of the king.' A whistleblower can take legal action on behalf of the government to put a stop to fraud and misconduct being committed against the government. Successful qui tam actions brought by individuals under the False Claims Act may entitle the whistleblower to a portion of recovered funds as a reward for exposing the fraud and protecting public funds. These bounties are used to incentivize whistleblowers to come forward with what they know and can be very substantial depending on the scale and extent of fraud being perpetrated.

Q: What is the reward for whistleblowers?

A:    In a qui tam action brought under the False Claims Act, the individual with inside knowledge of fraud and misconduct may be entitled to as much as 30% of the recovered funds. Government programs being defrauded in healthcare, defense contracts, and other areas can amount to huge sums, and the recovered bounties can be worth millions to the relator. In a recent case example, over $211 million was recovered, of which the whistleblower who brought the case was entitled and awarded 30%.

Q: Who investigates whistleblowing claims?

A:    There are many different types of whistleblowing claims. Some claims fall under the jurisdiction of specific commissions and other kinds of authorities. False Claims Act claims are investigated by the Dept. of Justice if accepted, following the initial attorney investigation to build and present the case.

* Fraud against government programs: Fraud against government programs (such as Medicare or military contracting) should be reported to the Department of Justice. Whistleblowers are allowed to claim a portion of recovered funds. [4]

* IRS fraud: Fraud against the IRS should be reported to the Treasury Inspector General for Tax Administration (TIGTA). Whistleblowers who report information appropriately may be entitled to a reward. [5]

* SEC fraud: Investor fraud and securities fraud should be reported to the Office of Investigation, Enforcement, and Audit (OIEA). Whistleblowers may be entitled to a reward. [6]

* EPA violations: EPA violations such as illegal dumping should be reported to the EPA National response center. The EPA doesn’t provide financial rewards to whistleblowers. [7]

Q: How do I protect myself from retaliation for whistleblowing?

A:    You may face retaliation for whistleblowing. Certain types of retaliation are against the law, but you may not be able to get relief immediately. All of the following actions may be considered retaliatory if they happen after you come forward:

* Demotion from your position

* Harassment and other types of discrimination

* Industry Blackballing

* Denial of promotions or benefits

* Suspension

* Termination

If you expose information related to SEC or FCA violations, your employer may face additional penalties for retaliating against you. You may be able to reclaim any lost wages or positions, as well as monetary damages.

Q: Can I blow the whistle anonymously?

A:    You can blow the whistleblower anonymously for some types of violations.

SEC violations can be reported confidentially. The investigating commission is required to protect your identity. You can also file your complaint anonymously, but you will be ineligible for any bounty from recovered monies.

FCA violations can be made confidentially. However, most complaints are publicly reported after the investigations are complete.

Federal employees are allowed to report information confidentially under either the Whistleblower Protection Act or Inspector General Act.

Q: Do I need to have inside information?

A:    In most cases yes, a whistleblower is an insider, an employee or former employee with the company who exposes fraud or misconduct. Qui tam whistleblowers must be aware of specific violations and fraud to file a whistleblower case. A suspicion of wrongdoing is not enough to file a whistleblower case and qualify for the government reward program. If detailed knowledge of the violations exist, then tangible evidence isn't required to launch a whistleblower case.

If you feel you have a valid case, speak to our qui tam attorneys immediately to discuss your matter and to review the specific requirements for a whistleblower claim and find out if you qualify for a reward.

Q: Should I take what I know to the media?

A:    You should be careful about taking any of your claims to the media before a full investigation is completed.

If you go public, you may lose anonymity. This could expose you to retaliation before your claims have been investigated.

Taking your claims to the media could also disqualify you for any monetary rewards. When your claims become public, law enforcement bodies with jurisdiction may begin independent investigations. If they identify illegal activity without your testimony, you won’t be rewarded as a participant.

Q: How does whistleblowing apply to safeguarding?

A:    Safeguarding refers to the duty that healthcare workers have to protect the wellbeing of patients under their care. Whistleblowers play an important role in keeping patients safe. Their testimony has been used in the past to end abusive practices at hospitals and nursing homes.

Q: Should whistleblowers be represented by lawyers?

A:    Yes, whistleblowers should seek representation for several reasons. In some cases it may be required. First, the process of exposing information is complex.

You can run into legal trouble if you expose the wrong information or expose it improperly. For example, in some cases, you are required to notify your employer before you release information to an outside agency.

By hiring representation, you can also protect yourself from retaliation more effectively. Your employers may be less likely to threaten you or attempt to retaliate you if they know you have retained counsel.

Q: How do I begin the whistleblower claim process?

A:    Start the whistleblower claim process by identifying the authority that needs to receive the report and following their instructions. Be careful about following the rules for disclosing different types of information.

Learn More About Whistleblowing

Do you need to know more about blowing the whistle safely? You should speak to a lawyer today. A whistleblower protection attorney can help you by identifying who should receive the information and what steps you should take to file a report correctly.

Your whistleblower lawyer can also help you if you face reprisal because of your reports. They can help you navigate any retaliation you face so that you can file for damages at a later time in a separate action when your whistleblower rights are violated. Alternatively, your employer may be discouraged from taking retaliatory action against you if they know you have representation.

 

 

 

 

 

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