Being a whistleblower is another term for bringing a “qui tam” claim, which is a latin term meaning “he who sues for the king and himself.” In short, as a whistleblower in a qui tam case you are uncovering corruption for the good of society, but are also prosecuting a case to attain some financial reward for yourself. To get that financial reward, a qui tam investigation needs to gather significant evidence that fraud has actually occurred and then report it before someone else does. This can be a long and painstaking process. Before commencing a qui tam claim, you need to look at the evidence you already possess, the evidence you can obtain, and what key evidence you will be unable to obtain.
Because we now live in a world where business communications are largely conducted digitally, whether by email, text, or voice over internet phones, a large body of digital evidence may be available to you in the normal course of your job. Attaining and organizing this body of evidence is the first step, and an attorney will use this information to judge whether there is a sufficient evidentiary foundation to build a case around.
After that initial review, you may have to take a more stressful step of attaining evidence that you do not readily have access to. This is not a step to be taken without legal advice regarding what additional pieces of evidence are critical and how to legally attain them. Close communication with your legal counsel is key at this step, as several factors impact what information you can gather and whether you can distribute it. Your legal status within the company, as well as any medical or legal privilege that may limit your ability to disseminate certain types of records, must be carefully considered.
There will usually also be information you cannot obtain or cannot obtain without undue risk to yourself, your career, or undue risk of discovery. Deciding what evidence is crucial and whether or not to continue to try to obtain it is a difficult decision best made with the advice of experienced counsel. The decision to continue seeking evidence or to simply file your claim is not an easy one, in part because time is of the essence.
You may be the only person to see that actual fraud is being committed, but others may also know or sense that something is amiss. Given the many ways in which most businesses are audited and tracked, other employees may also be starting to sense that something is “not right.” That means that if you delay filing your qui tam claim too long, either due to indecision, fear, or a desire to gather additional evidence, you may lose “first-to-file” status. Losing the status means you receive no financial reward, as while the government is extremely interested in reports of fraud, they are not particularly interested in a second report of a fraud their already aware of. As a result, keeping your suspicions and evidence gathering to yourself is vital, as is the legal decision regarding whether you have sufficient evidence to go forward.
If you believe that fraud is occurring in your workplace, contact Barrett Law now at (800) 707-9577. This is not a situation for amateurs or even for attorneys who do not specialize in qui tam cases. Barrett Law has the experience required to protect you and successfully bring a whistleblower claim on your behalf.
Barrett Law has a Mississippi Whistleblower Attorney with experience in protecting whistleblowers’ rights and attaining their financial rewards. Do not hesitate; call us for a consultation today.