As I have explained in other posts, the information that a whistleblower provides regarded alleged fraud must be written compellingly. The U.S. Department of Justice receives thousands of complaints each year and only prosecutes the most substantial whistleblower cases under the False Claims Act and other federal whistleblower laws. Given the vast number of complaints, they often discard claims that are drafted poorly, fail to contain important information, or are unclear. Many potential whistleblowers here in Mississippi ask me what needs to go into a successful complaint. Because this question comes up so often, I have written the following blog post as an overview.
Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about drafting a complaint, gathering evidence, and maintaining your professional position while the case progresses. Contact Barrett Law now at (800) 707-9577 to attain the advice you need.
Essential Elements to Consider When You File a Successful Whistleblower Claim
First, you need to be sure that the conduct you are reporting to the federal government is, in fact, fraud. The following acts are common types of fraud committed against the federal government: Filing bills for work that was not performed; Submitting bills for work that was performed, but performed below contractual standards; Paying kickbacks to government officials in order to attain federal contracts; Engaging in a conspiracy to defraud the federal government of funds. Merely making an allegation of this sort of fraud is rarely sufficient. Instead, with the help of a whistleblower attorney, you will have to gather and present evidence of the fraud in question, such as emails, texts, receipts, and internal memoranda. All of this can be a fraught process, as you do not want to notify your employer or colleagues that you are considering alerting federal authorities regarding your fraud.
Second, you must be the “first to file.” If you are aware of widespread fraud, others likely are as well. If they report the fraud before you do, you will receive no reward. As a result, you and your whistleblower attorney must engage in a careful balancing of considerations. On the one hand, you want to gather sufficient evidence to prove to the U.S. Department of Justice that fraud is occurring. On the other hand, if your efforts to present a perfect case result in someone else reporting the fraud before you, you will receive nothing. Accordingly, knowing when to file is a tricky analysis requiring a skilled whistleblower attorney’s assistance.
Third, you need to be sure that what you are reporting is, in fact, fraud and not just bad management or waste. Potential whistleblowers often misidentify internal disputes or poorly run operations as fraud. While these companies might not be run well, their activities will not trigger the U.S. Department of Justice’s interest.
What Should You Do if You are Considering Making a Whistleblower Claim?
Are you considering filing a whistleblower case? As I indicated, the reward for submitting a successful claim can be significant, but you will only receive this sort of award with the help of an experienced whistleblower attorney. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call our seasoned Mississippi Whistleblower Lawyer today.
