Are you considering becoming a “whistleblower”? 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 formally report government corruption for the good of society but are also making that report because you want to be paid a financial reward. To get that reward, a qui tam investigation needs to gather significant evidence that fraud has actually occurred within a specific timeframe and then report it before someone else does.
Applications of the Traditional Statute of Limitations
Generally speaking, the deadline or “statute of limitations” for filing a whistleblower case against the United States government is six years from the time of the fraud’s occurrence. It is important to note that the trigger to the statute of limitations’ commencement is the occurrence of the fraud, not when the whistleblower subsequently became aware of it. So even if you just yesterday became aware of the fraud that occurred in 2010, you are generally too late to be a whistleblower regarding that fraud today. In short, understanding when the statute of limitations begins and ends is critical to someday receiving your financial reward.
On the other hand, some courts have made various exceptions to the standard statute of limitations for government officials and/or the federal government. Specifically, if you are a government official, you may be able to report fraud if it occurred within 10 years ago, so long as you learned of it within the past three years. That means that a government official could report fraud from 2010, beyond the normal six-tyear statute of limitations, if he or she learned about it within the past three years. Some courts only extend the traditional statute of limitations to cases where the federal government joins the case or to only to the federal government itself and not the whistleblower. Obvious, the facts of your case and understanding what the courts of your jurisdiction have held is key to knowing if this exception applies to you.
“First to File” Deadline
The above discussion concerned how long a person has to file a qui tam case before the statute of limitations expires. However, there is another important time constraint that must be considered. Specifically, the federal government only pays out to a person who first files a whistleblower claim. So while you may have six years to file the claim, that long period of time will be useless to you if coworkers or other contractors are also aware of a fraud and file first. If you are aware of fraud, others are likely aware of it as well. Thus, there is a “race to the courthouse” amongst those aware of the fraud to become the “first to file,” as only the first to file is entitled to any financial reward.
Are you considering filing a qui tam suit as a whistleblower? Evidence gathering, dealing with the federal government’s attorneys, important deadlines, statutes of limitations, and filing requirements make your representation both complex and time-sensitive. Consulting with an experienced whistleblower attorney is necessary to protect yourself, your livelihood, and your rights.
Call Barrett Law now at (800) 707-9577 if you are a whistleblower.
Being a whistleblower is a stressful process requiring experienced legal advice to protect your rights. Contact us to relieve that stress and receive the legal advice you need. Barrett Law is a Mississippi whistleblower defense firm with a track record of successfully protecting our clients’ rights in qui tam claims. 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 at (800) 707-9577 to learn more about how Mississippi Whistleblower Lawyer Jonathan Barrett can make a difference for you.
