Clients here in Mississippi often come to me with questions about becoming a whistleblower. But what is a whistleblower? “Whistleblower” is a general term for a private citizen who wants to alert the government to fraudulent acts committed against the government. In return for taking the substantial risks involved with exposing that fraud, the whistleblower may receive a significant percentage of any funds the government recovers. Whistleblowers frequently recover millions of dollars, and these significant payments often catch folks’ attention and imagination.
The Federal False Claims Act
The Federal False Claims Act (31 U.S.C. §§ 3729-3733) is a law that penalizes individuals and companies that are convicted of defrauding the government. Most of the cases I see are filed under the False Claims Act. It is not a new law and was created during the Civil War to root out companies that were taking financial advantage of the war effort.
How Does the False Claims Act Work?
A private citizen that becomes of fraud and files a False Claims Act claim is technically called a “relator.” From a layperson’s perspective, a “relator” is the same thing as a “whistleblower.” A relator can bring many types of claims, but the most common are for overcharging the government for goods or services, falsely claiming that the products or services meet certain prescribed specifications, or improperly concealing government overpayments. These claims arise in a wide variety of fields, but are especially prevalent in defense contracting, government construction contracting, health care fraud, and fraudulently attaining government loans.
Once a whistleblower’s claim is filed with the federal government, several factors come into play. To have any hope of receiving a reward, your claim must be the first regarding the fraud in question; a second claim for the same conduct will receive nothing. Second, the facts alleged must describe with accuracy significant fraud against the government. Finally, the allegations must allege a serious financial loss. The federal government receives thousands of False Claims Act allegations every year from would-be whistleblowers, but only acts on a few. Having experienced whistleblower counsel by your side is crucial to make sure that your allegations stand out.
A whistleblower’s allegations are usually filed secretly, under seal. But if the government accepts the allegations for prosecution, the allegations will be unsealed, revealing the whistleblower’s identity. This can be a fraught process, as your associates or employer may now know that you are accusing them of fraud, but every whistleblower should be aware that retaliation is also prohibited under the False Claims Act, and that retaliation carries significant monetary penalties as well.
A successful prosecution results in 15% to 30% of recovered funds going to the whistleblower. Because these cases frequently recover many millions of dollars, that recovery may be tremendous.
What Should You Do if You are Considering a Whistleblower Claim?
Do you know about fraud or other serious financial misconduct occurring in the government context? Are you considering filing a whistleblower case? To protect your career and family and to attain your compensation, you will require the help of an experienced whistleblower attorney. Because whistleblower programs receive thousands of tips each year, they can only act on a small percentage. If you are going to risk your career, relationships, and livelihood, you want to make your work count.
Call Barrett Law now at (800) 707-9577 if you think you may be a whistleblower.
Experienced Mississippi 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 judgment and losing your career and livelihood. Call us today.
