Mississippi Whistleblower Attorney Describes the Procedure for Blowing the Whistle With Intelligence-Related Complaints

Whistleblowers come from all kinds of positions and professions. From the corporate world to government headquarters, individuals come forth to expose misdeeds. Sometimes, whistleblowers are caught in a position where they have information about wrong actions happening within their workplace or organization, but because of the nature of the wrongdoing, blowing the whistle publicly could compromise national security. This is a delicate position, and anyone in that position must understand that there is a mechanism for blowing the whistle without blowing the cover off of sensitive information.

The Intelligence Community Whistleblower Protection Act (the Act) protects intelligence officials from retaliation after they bring forth concerns about government misconduct. Not only does the Act protect whistleblowers, but it also provides a procedure for blowing the whistle without revealing classified information. If a person follows the process outlined in the Act, they cannot be prosecuted criminally, nor can they be fired.

The way that the Intelligence Community Whistleblower Protection Act says intelligence officials must submit their concerns about government misconduct to the Inspector General of the intelligence community. When the Inspector General receives a complaint, they have fourteen days to evaluate it. If the Inspector General determines that the claim describes a matter of urgent concern – a violation of the law, an abuse of power, or other serious problem that relates to an intelligence activity that involves classified information, the complaint must get forwarded to the Director of National Intelligence.

When the Director of National Intelligence receives a complaint, they have a week to forward the complaint and any relevant documents that support it to the intelligence committees in Congress. If an intelligence community whistleblower follows that procedure, their claim should be heard and acknowledged by those who have the power to address the wrongdoing without exposing the classified information associated with it. If the inspector general dismisses a complaint as not credible or, even worse, ignores it entirely, the whistleblower is not without options. They may take their complaint directly to Congress if they first comply with two additional requirements. First, the whistleblower must notify the inspector general of their intent to approach Congress directly with their complaint. Next, they must seek guidance from the Director of National Intelligence about how to approach Congress without revealing classified information. Once those two steps are complete, the whistleblower can contact Congress with their complaint while following the instructions provided to them by the Director of National Intelligence on how to do so in a way that protects classified information.

Whistleblowers often experience retaliation in a variety of ways, including but not limited to threats of prosecution or job loss. Fortunately, would-be whistleblowers within the intelligence community can protect themselves from those threats and keep classified information securely under wraps by following the provisions of the Intelligence Community Whistleblower Protection Act. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Whistleblower Attorneys Say Whistleblowers Crucial to Protecting National Security

The courageous actions of whistleblowers at all levels of influence bring things to light that would otherwise remain hidden. Each wrong that a whistleblower exposes can provide an opportunity for businesses or governments to mitigate some of the consequences that could be caused by the wrongdoing, outcomes that have the potential to be widespread and devastating without intervention.

Sometimes, whistleblowers expose threats or concerns to our national security. The House Intelligence Committee just released a declassified document containing a whistleblower complaint against President Trump. The document was released shortly before the director of national intelligence was set to testify regarding that complaint. The complaint, filed by an as yet unidentified whistleblower, alleges that the President of the United States is soliciting interference with the 2020 Presidential election from a foreign country.

In their complaint, the whistleblower claims to have received information from multiple United States officials regarding that solicitation. The information is said to have come to light over the past four months, by more than six officials who conduct official interagency business with the whistleblower. That official business routinely includes the sharing of information that would inform those individuals and equip them to carry out their policymaking duties regarding their areas of responsibility.

The whistleblower speaks to potential concerns about the validity of their complaint by explaining how the pieces of information that were revealed to them were each revealed by multiple sources and corroborate with each other. Some of the information also corroborates with publicly reported information. The whistleblower’s complaint, which they claim they have filed in fulfillment of their duty to report this matter, which they say falls within the definition of an urgent concern as defined by 50 U.S.C. §3033(k)(5)(G). The whistleblower’s complaint also implicates other individuals besides the President in the solicitation efforts, including the President’s personal attorney and the Attorney General of the United States.

Much of the complaint focuses on a July 25th telephone conversation between President Trump and Ukrainian President Volodymyr Zelensky. According to the individuals who shared their concerns with the whistleblower, President Trump used the majority of the phone call to advance his personal interests. During the conversation, the President is alleged to have pressured Zelensky to investigate the activities of Joe Biden and his son. He also asked Zelensky to provide information about the Russian interference with the D.N.C.’s computer networks in 2016. Trump also asked the Ukrainian President to meet with individuals that he has selected to serve as his envoys. Approximately a dozen government officials listened to the conversation, which is customary procedure for routine calls with foreign leaders, which is what everyone thought that phone call would be.

The content of the President’s July 25th telephone call with Volodymyr Zelensky is just one concern raised by the whistleblower complaint. There are also concerns about the actions of officials in the White House following that conversation. We will explore those concerns in a separate article.

The integrity of the election process in the United States has come under increasing scrutiny in recent years. National security is also at risk when the election process is tampered with by foreign countries. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to maintain our nation’s integrity and keep America safe. To learn more about whistleblower protection, call 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

 

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Mississippi Whistleblower Attorney Says Whistleblower Complaints Demand Accountability

When whistleblowers file complaints like the one that was recently filed regarding President Trump, individuals and organizations are called upon to account for their actions. Accountability for one’s actions or the actions of a company, group, or agency is critical to the healthy functioning of companies, organizations, and governments. In a previous article, we investigated how the President’s interactions with foreign leaders have the potential to undermine the integrity of the United States’ Presidential election process. In this article, we’ll explore another element of the whistleblower’s complaint; the allegation that Senior White House officials misused their authority in handling records of a phone call after it happened.

The complaint recently filed by an unidentified whistleblower regarding President Trump’s July 25th, 2019 telephone call with Ukrainian President Volodymyr Zelensky alleges that the President exerted pressure on Zelenskyy to take actions that would help strengthen Trump’s 2020 bid for reelection. The complaint also alleges that in the days following the telephone conversation, Senior officials in the White House acted outside the scope of their authority in ordering records of the phone call to be locked down.

Select White House officials do have the authority to divert sensitive and classified information from the standard procedures for information handling that White House officials ordinarily follow while carrying out their official duties. There is a system outside of customary information handling procedures that is only to be used to handle information that is highly sensitive and classified. The whistleblower’s complaint raises the question of whether the White House officials who removed the records of the July 25th phone call from the standard information handling system and placed them into the system intended only for highly sensitive information abused their power and discretion in doing so.

According to the whistleblower’s complaint, at least one White House official stated that the telephone call did not contain any highly sensitive national security matters and thus did not require special handling apart from the customary procedures. The system is reserved for codeword-level intelligence matters, and it is directly managed by the National Security Council’s (NSC’s) Directorate for Intelligence Programs. Codeword-level intelligence matters include things like covert operations. Codeword-level intelligence can only be viewed by individuals who possess the proper level of security clearance to see them and the specific codeword associated with the information. The whistleblower’s complaint claims that other officials share the concern over this Administration using the NSC-managed information handling system for inappropriate reasons. Their concern applies to the July 25th telephone conversation, as well as other matters placed into that system, that are politically sensitive but have nothing to do with national security.

Whistleblower complaints draw criticism and even abuse from those whose alleged wrongdoing is detailed in them. No one wants their poor choices or mistakes brought to everyone’s attention, but whistleblowers must continue to do this crucial work. Accountability is critical to the proper function of corporations, organizations, and governments, and whistleblowers play a significant role in holding people and organizations accountable for their actions. To learn more about the protections available to whistleblowers, call Mississippi Whistleblower Attorney Jonathan Barrett of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

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Experienced Mississippi Whistleblower Lawyer Discusses Proposed Law to Enhance Dodd-Frank’s Whistleblower Protections

I was pleased to see that the U.S. House of Representatives recently passed the Whistleblower Protection Reform Act of 2019 by an overwhelming majority, 410-12. This bipartisan bill enhances the Dodd-Frank Act’s whistleblower protections and makes clear that employers in the finance industry cannot retaliate against whistleblowers who report security fraud. This law is a direct reaction the U.S. Supreme Court’s horrible 2018 decision, Digital Realty, Inc. v. Somers, which held that only whistleblowers who reported fraud to the Securities and Exchange Commission or SEC enjoyed anti-retaliation protection, not those who report fraud to any number of other available agencies.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The U.S. House Attempts to Rewind Digital Realty Case

The U.S. Supreme Court’s Digital Realty decision dramatically narrowed how most people imagined a whistleblower. Traditionally, a whistleblower was thought of as someone who made either internal or external reports of securities fraud to the SEC. However, because of the way Dodd-Frank was written, the statute’s retaliation clause and ant-retaliation provision applied only to those whistleblowers that reported fraud externally and only to the SEC. This is a problem because many whistleblowers in the world of finance first make their reports internally and then may make subsequent reports to law enforcement agencies other than the SEC. As written, Dodd-Frank did not extend whistleblower protections to these individuals.

The changes proposed by the Whistleblower Protection Reform Act of 2019 would bring external finance whistleblowers back within Dodd-Frank’s anti-whistleblower clause. In short, if approved by the Senate and signed by President Trump, the Whistleblower Protection Reform Act of 2019 will return finance industry whistleblowers to their pre-Digital Realty position. This is good for everyone, as it incentivizes internal whistleblowing, which allows finance companies to change their practices before an SEC investigation. Whistleblowers will still be entitled to a significant percentage of the fraud they reported, if they report it externally to the SEC within 120 days, and will enjoy whistleblower protection for their disclosures.

As an example of the sort of disclosure at issue here the SEC recently made an award of $4.5 million to a finance industry whistleblower who internally reported a kickback scheme was occurring in relation to his work in Brazil. The SEC’s enforcement action resulted in a $30 million recovery for the U.S. government. Attaining this sort of reward will require the help of a skilled whistleblower attorney.

Are You Considering Making a Whistleblower Claim?

Are you a finance industry employee considering filing a whistleblower case? While the reward for submitting a successful claim can be significant, you will only receive this sort of multi-million dollar award with the help of an experienced whistleblower attorney. The SEC and U.S. Department of Justice receive thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced Mississippi Whistleblower Lawyer Jonathan 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 us today.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses the Facebook and Cambridge Analytica Case

Facebook has become a ubiquitous presence in American life. However, along with that popularity has come tremendous power and control over Facebook users’ personal information. A recent U.S. Securities and Exchange Commission, or SEC, whistleblower case has resulted in a $100 million penalty for Facebook after a whistleblower exposed Facebook’s decision to provide Cambridge Analytica with a treasure trove of user information, which violated Facebook’s specific policies.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Background

This case stems from a data analytics company called Cambridge Analytica, which harvested Facebook profile information from approximately 30 million people in the U.S. The collected data included, genders, names, birth dates, genders, and “likes,” all of which violated Facebook’s express and internal policies. In turn, Cambridge Analytica used the data to sell to various political organizations.  While Facebook realized that Cambridge Analytica was improperly using Facebook user data, it failed to adequately and clearly acknowledge to investors and users that their data had been compromised.

SEC’s Facebook Penalty Shows the Power of Cybersecurity Whistleblowers

The $100 million SEC settlement with Facebook illuminates several interesting issues. First, it shows that cybersecurity breaches will now be one of the new frontiers of whistleblower law. These cybersecurity whistleblowers have retaliation protection under the Sarbanes-Oxley Act and may be eligible forwards under the SEC’s whistleblower program as well.

Second, this settlement shows that internet companies that promise a certain level of privacy to members or subscribers will be held accountable by the SEC if they breach that promise. This falls under the “half-truth doctrine,” which is a legal doctrine that states that if a company speaks through a formal public filing or informally, such as through a media statement, the half-truth doctrine requires the corporation to include all additional information necessary to make the statement not misleading to consumers. Here, Facebook was blatantly making statements about information privacy to both members and stockholders that were not entirely true.

Third, this settlement highlights the SEC’s requirements that publicly traded companies maintain adequate internal controls. Facebook had policies in place prohibiting the transfer of user’s data to third parties, but these policies were ignored. Once Facebook discovered the breach, it failed to disclose them adequately.

What Should You Do if You are Considering Making a Cybersecurity Whistleblower Claim?

Are you aware of fraud occurring within the internet or cybersecurity industry, and are you considering filing a whistleblower case? While the reward for submitting a successful claim can be significant, you will only receive this sort of award with the help of an experienced whistleblower attorney. In this Facebook case, the whistleblowers are entitled to $15 to $30 million. However, the SEC and U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful cybersecurity 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 us today.

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Experienced Mississippi Whistleblower Lawyer Discusses Airline Industry Whistleblowing

Anyone who has watched the news over the past few months is aware that two Boeing 737 Max planes have recently crashed, killing 346 people. What has not gotten the same amount of press is that whistleblowers had come forward about safety issues with these planes starting in August 2018. At issue with the Boeing planes are their anti-stall systems, which are allegedly flawed. The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21 Act) provides protections for whistleblowers reporting concerns about air safety issues, specifically including protections against retaliation.

Are you considering becoming an airline industry whistleblower? You will need the help of an experienced whistleblower attorney who knows the AIR21 Act’s intricacies to file your complaint in a way that results in it being taken seriously and so that it does not result in retaliation against you. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

 The AIR21 Act

The AIR21 Act prohibits retaliation against an employee of a U.S. air carrier, its contractor, or its subcontractor for raising concerns and making a whistleblower claim regarding any law or regulation related to air carrier safety. The AIR Act protects whistleblowers who provide information regarding any alleged violation of federal air carrier safety laws or FAA orders, regulations, or standards. Specifically, the Air Act protects employees who: Disclose a violation of an airline safety regulation to their employer or a federal government entity; Commence a proceeding related to the breach of an airline safety regulation; Testify, assist, or participate in a process related to the violation of an airline safety regulation.

First, it is essential to remember that the AIR21 Act only protects employees of U.S. air carriers, as foreign carriers are not subject to Federal Aviation Administration rules. Second, the Act protects employees from being disciplined, discharged, harassed, threatened, or discriminated against because of their safety allegations. Third, the employee does not have to provide the factual basis underlying the violation they allege but have to enunciate the violation. That means that it is not the employee’s responsibility to investigate or prove up his or her allegation; instead, it is the airline’s responsibility to investigate the complaint once it is made.

What Sort of Damages Can an Airline Employee Receive Under the AIR21 Act?

If you are an employee or contractor for a U.S. air carrier and are retaliated against because of a whistleblower complaint, you are due a wide range of possible compensation, such as all back pay, pay for emotional trauma, compensation for harm done to your reputation, reinstatement in your prior position or an equal amount of pay, and compensation for lost future earnings.

What Should You Do if You are Considering Making a Whistleblower Claim?

As the Boeing 737 Max accidents have shown, there are grave consequences to ignoring complaints from experts within the airline industry. Are you a pilot, executive, or other airline professional considering filing a whistleblower case regarding violations of FAA rules and regulations? You have a right to file your complaint without fear of retribution or retaliation. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Our seasoned Mississippi Whistleblower Lawyer 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 us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Davis-Bacon Act Qui Tam Cases

If you have performed hourly work for the federal government or work for a company that does construction or related activities, you have likely heard of “Davis-Bacon” wages.  The term “Davis-Bacon” comes from the federal Davis-Bacon Act, which ensures that private companies working for the federal government do not attain lucrative government contracts by lowering employees’ wages.  Instead, Davis-Bacon mandates that government contractors must pay their employees “local prevailing wages.”  This prevents contractors from pushing wages lower and lower in a community as they compete for government bids. If a contractor intentionally ignores or flouts the Davis-Bacon statute, it can be prosecuted under the False Claims Act; I will describe what this sort of complaint would look like below.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The Davis-Bacon Act and Qui Tam Whistleblower Cases

There are two different aspects of the Davis-Bacon Act that are at issue in whistleblower cases.  One is for construction contracts, and the other is for service contracts.  For construction contracts, all government contractors and subcontractors must pay employees the “locally prevailing wages and fringe benefits” for similar work.  For service contracts, contractors and subcontractors must pay “wage rates and fringe benefits prevailing in the locality.”  Generally speaking, contractors and subcontractors on government contracts must promise to pay employees whatever a similar employee would make in the community.

Fraud occurs under the Davis-Bacon Act when a contractor submits invoices to the federal government indicating that he or she has paid Davis-Bacon Act compliant wages to his or her employees, but then actually pays the employees less than he states.  This is an attractive scam to employers, as they keep the difference between the claimed rate of pay and the amount they actually pay.  While you may think that employees would immediately notice the difference, that is not always in the case.  That is because the employer may still be paying the employees an adequate pay rate, resulting in suspicion not being aroused. Additionally, employees rarely have access to or a sufficient understanding of government contracts to be aware that they are being paid less than is due them.

Davis-Bacon Act fraud cases are often discovered by contractors’ administrative personnel, such as secretaries, comptrollers, and accountants.  These office workers have access to information that demonstrates the gap between what the contractor claimed to be paying employees and what he or she is actually paying them.  That gap is a fraud against the federal government and is ripe for a whistleblower case brought under the False Claims Act.

The Davis-Bacon Act applies to all contracts with the federal government over $2500, but these construction and service contracts are often in the millions and even billions of dollar range.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? If you are an employee of a federal contractor that is claiming to pay Davis-Bacon wages and is in actuality not, you are aware of fraud against the federal government.  The reward for submitting a successful claim can be 15% to 30% of any recovery, which often ranges into the millions million dollars for government construction contracts.  You will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

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 Mississippi Whistleblower Lawyer today!

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Experienced Mississippi Whistleblower Lawyer Discusses Medicare False Claims Act Cases

If you want to look for fraud, remember the adage, “follow the money.”  If you follow the money in the United States and Mississippi, it will lead you to the health care industry.  Federal programs like Medicare fund much of our current health care system, so any fraud occurring within that industry is a fraud against the federal government. The False Claims Act, signed into law by Abraham Lincoln to prevent fraud against the Union during the Civil War, is a federal law that allows those who report fraud against the federal government to become a “whistleblower” and collect 15% to 30% of whatever funds the government recovers as a result of the resulting prosecution.

If you are aware of fraud relating to the health field or Medicare specifically, you will need the help of an experienced whistleblower attorney to help you draft your complaint and file it with the U.S. Department of Justice.  They only prosecute the strongest whistleblower cases under the False Claims Act and other federal whistleblower laws. In this blog post, I will cover common aspects of False Claims Act Medicare cases.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Common Types of Medicare Fraud

Medicare fraud has exploded in frequency over the past decades.  The most common types of fraud fall into the following categories:

False Billing—in this scam, the medical provider bills Medicare for services that were not provided.  This can be difficult to detect as if the patient is not paying for the service, he or she is unlikely to notice or raise the alarm about one more charge on their bill. These phantom charges add up when the practice is repeated over thousands of patients, costing the federal government millions of dollars each year.

Providing Unnecessary Services—in this scam, the medical provider does provide treatment to the patient, but the procedure is not necessary.  Here, the patient believes that the additional test or treatment is required for their condition, and Medicare pays the bill thinking that the treatment was a bona fide necessity.

Upcoding—in this scam, the medical provider provides a necessary service but charges Medicare for a more expensive version of the treatment than is required by the patient’s needs.

Unnecessary Prescriptions—in this scam, the medical provider prescribes unneeded medications to the patient.  While the medications may not have an adverse effect, the medical provider is reimbursed for them.

You may be aware of this conduct as a medical provider, an employee of a medical provider, or patient. Regardless of your relationship to this conduct, you can become a whistleblower and receive a reward for notifying the federal government of the fraud.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you aware of the sort of fraudulent conduct described above? Are you considering filing a Medicare-related whistleblower case? The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

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 Mississippi Whistleblower Lawyer now!

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Aspects of a Strong False Claims Act Claim

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 (601) 790-1505 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 (601) 790-1505.

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.

 

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Experienced Mississippi Whistleblower Lawyer Discusses a Unique Whistleblower Case

This past May, the U.S. Department of Justice awarded $4.5 million to a whistleblower under the Securities and Exchange Commission’s whistleblower program. While that is a significant whistleblower reward, the large payout isn’t what makes this case unique. This is actually a “feelgood” whistleblower story, where the whistleblower filed his case with the SEC and told his company about the ongoing fraud.  The company performed an internal investigation that confirmed that the whistleblower’s claims were accurate, leading the company to self-report the misconduct. Thus, the whistleblower still received his compensation even though the company did the right thing and also self-reported the fraud. While this case worked out well for the whistleblower, I will highlight some potential pitfalls to this strategy below.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions and prepare your case.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Timing and Dual Reporting Are Critical to Receiving the Reward You Deserve

In this case, the whistleblower both reported wrongdoing internally to his company and reported the same conduct to the SEC within 120 days.  As I mentioned above, the company then performed an internal investigation that resulted in the validation of the whistleblower’s report and the company’s decision to self-report its findings to the SEC. All of those facts are critical, as the SEC’s whistleblower provision mandates that a whistleblower can be compensated if his or her time is made internally and to the SEC within 120 days.  If a whistleblower dual reports and the internal report to the company results in a self-report, then the whistleblower will receive a reward ranging from 15% to 30% of all money recovered. As I have discussed in earlier blog posts, that reward frequently falls in the million dollar range.

As I mentioned, it is critical that the whistleblower both notified his company and the SEC of the fraud.  You may remember an earlier blog post I wrote about the U.S. Supreme Court’s decision in Digital Realty Trust, Inc. v. Somers, which held that a person who only reports fraud internally could not avail themselves of the SEC whistleblower program’s anti-retaliation provisions.  That means that if a whistleblower only reports internally, they do not have legal recourse if the company retaliates against them for reporting fraud. Shockingly, this is true even if the company self-reports the fraud to the SEC.  Similarly, it is vital that the whistleblower make his or her report to the SEC within 120 days of making an internal report.  If the report is made later, the whistleblower is not eligible to receive compensation under the SEC’s whistleblower program.

What Should You Do if You are Considering Making a Whistleblower Claim?

The narrative I provided above demonstrates just some of the complexities of making a report of ongoing fraud to the SEC. The U.S. Department of Justice and the SEC receive thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Even if you have a strong allegation, if your case is disorganized or is missing important elements, it will likely be ignored. Contact Barrett Law now at (601) 790-1505.

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 us today.  Our Mississippi Whistleblower Lawyer looks forward to making a difference for you.

 

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