As you likely know from other blog posts I have posted, if you knowingly sell the government a product that does not meet government specifications—whether it is a missile, a mammogram machine, or a mortgage-backed security—you are violating the False Claims Act, a 150-year-old law written to prevent war profiteering. You also cannot bilk the federal government by overcharging for services or pay kickbacks in an effort to attain contracts you aren’t entitled to. But even if you are aware of specific information detailing massive fraud, you must plead your case in a way that satisfies the legal requirement of the False Claims Act. If you fail to do that, your case will go nowhere. Because careful pleading is so essential, I have written the following blog post to help explain it to my clients here in Mississippi and included a link to the Federal Rule that outlines pleading.
If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney. Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.
Why Careful Pleading in False Claims Act Cases is So Important
When you hear someone use the term “pleading,” they are referring to a case’s “complaint.” A complaint is a legal document setting out the facts and legal reasons that the plaintiff, here the whistleblower, believes support a legal claim against the defendant, the party against whom the suit is brought. A complaint is the first formal action taken to begin a lawsuit officially. The False Claims Act is a federal statute, so claims brought under it must comply with the Federal Rules of Civil Procedure. The Federal Rule of Civil Procedure 9 dictates that the complaint must contain: the allegations against the defendant, the specific laws violated, the facts that underlie claim, and any demands made by the plaintiff.
The first thing that a defendant in a whistleblower case, usually the corporation that you alleging defrauded the U.S. government, will try to do is to have your case dismissed under Rule 9(b). In a nutshell, a case will be dismissed under 9(b) if your complaint fails to contain sufficient facts to support a claim that an individual or corporation violated the False Claims Act. This is called failing to plead your case with particularity.
This is one of the challenges of a whistleblower case, as there are competing pressures. First, only the “first to file” will receive any reward. So there is always pressure to file your claim before someone else in your company or with similar information does so first. But second, the case must have sufficient details alleging a violation of law; that means that you have to quickly gather a lot of information, which can be a challenge for a single person within a company.
If you fail to meet the burden of Rule 9(b)’s pleading requirement, you can try again or can file for leave to amend, or add to, your complaint. Leave is usually liberally granted if you can show good cause that if given leave, you can sufficiently augment the complaint to overcome any deficiencies. You cannot get endless leave to amend your complaint, however. If you ultimately fail to gather enough information, your case will be dismissed
What Should You Do if You are Considering a Whistleblower Claim?
Adequately pleading your case is vital to receiving any whistleblower reward. Are you considering filing a whistleblower case? The reward for submitting a successful claim can be massive. But you will only receive this sort of award with the help of an experienced False Claims Act attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated. Careful pleading is key to this process and will require the help 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 False Claims Act 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 us today.
