Mississippi Whistleblower Lawyer Advises: What Claims are Covered by the False Claims Act?

The federal False Claims Act outlaws any activity that results in an individual or organization improperly obtaining money from the U.S. government. Historically, it has been used to fight false claims for payment, illegal selling of government property, kickbacks, or other “fleecing” of American taxpayers. If you are aware of this sort of illegal activity, you may be considering becoming a “whistleblower” under the False Claims Act.  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.

Before bringing a claim, it is important that you understand which types of behavior are covered by the False Claims Act. Not every act of deceit is a violation of the False Claims Act, and it primarily covers the fraudulent taking of money from the U.S. government.

If you are considering making a claim under the False Claims Act, you should know that there is extremely high risk that your whistleblowing will anger your employer. That anger can translate into retaliation against you, which often results in a whistleblower losing his or her job. You should know that retaliation is prohibited under the False Claims Act, however, and can result in your reinstatement, as well as other penalties such as double back pay, fines, and attorney fees.

Claims Covered by the False Claims Act

While there is not room in this post for a complete listing of all activities prohibited under The False Claims Act, a partial listing follows:

  1. Conducting business on behalf of the U.S. government that results in overpayment, and keeping that overpayment;
  2. Conducting business with the U.S. government in a way that results in payment for services that are not performed or received;
  3. Contracting with federal government for defective products;
  4. Purchasing government property from employees who lack the authority to make the sale;
  5. Conspiring to violate the False Claims Act;

Exceptions to the False Claims Act

While the federal government is generally interested in prosecuting fraud, there are several exceptions where a fraud claim cannot be brought by a whistleblower.

Interesting, under the False Claims Act an current or former member of the military cannot bring a claim against another active duty member of the military for claims discovered while the whistleblower was in the military.

Second, whistleblower claims cannot be made against members of Congress, the federal judiciary, and senior members of the executive branch of the federal government. The information in the whistleblower’s claim must be unknown to the government at the time it is made.

Third, tax fraud or violations of the IRS Code are not subject to whistleblower claims under the False Claims Act.

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

Are you considering filing a qui tam suit as a whistleblower? You will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes a violation of the False Claims Act. 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.

Call Mississippi Whistleblower Lawyer Barrett Law now at (601) 790-1505 if you are a whistleblower.

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.

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Mississippi Whistleblower Lawyer Advises: The Deadlines for Successfully Prosecuting a Whistleblower Suit

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 (601) 790-1505 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 (601) 790-1505 to learn more about how Mississippi Whistleblower Lawyer Jonathan Barrett can make a difference for you.

 

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Experienced Mississippi Whistleblower Attorney Explains Proposed IRS Whistleblower Legislation

Are you considering becoming a whistleblower and exposing tax evasion? Currently, the protections for whistleblowers under the IRS Whistleblower Law are not nearly as robust as those under the traditional whistleblower laws, such as the False Claims Act or Sarbanes-Oxley.  A new law, the IRS Whistleblower Improvement Act of 2017, has been proposed by Senators Chuck Grassley of Iowa and Ron Wyden of Oregon to improve protection for whistleblowers against retaliation.

According to Senator Wyden’s press release, the goal of the new legislation is to improve communication between the IRS and whistleblowers and to protect whistleblowers from retaliation:

The IRS Whistleblower Improvements Act of 2017 is based on the Grassley-Wyden amendment included in the Taxpayer Protection Act of 2016.  The Taxpayer Protection Act, along with the Grassley-Wyden amendment, passed the Finance Committee in April 2016 but was never considered by the full Senate.

The measure would: (1) increase communication between the IRS and whistleblowers, while protecting taxpayer privacy, and (2) provide legal protections to whistleblowers from employers retaliating against them for disclosing tax abuses. 

To increase communication, the bill specifically would allow the IRS to exchange information with whistleblowers where doing so would be helpful to an investigation.  It would further require the IRS to provide status updates to whistleblowers at significant points in the review process and allow for further updates at the discretion of the IRS.  It does this while ensuring that the confidentiality of this information is maintained.  Whistleblowers have expressed concern and frustration in their inability to receive information from the IRS on the status of their cases, which may take years to resolve.  Since these individuals often put their livelihoods on the line to come forward, poor communication adds to their anxiety and is a disincentive to others with knowledge of high dollar tax fraud.

To protect whistleblowers from employer retaliation, the bill extends anti-retaliation provisions to IRS whistleblowers that are currently afforded to whistleblowers under other whistleblower laws, such as the False Claims Act and Sarbanes-Oxley.  Tax whistleblowers may be easily identified within their firms as having specific knowledge of tax fraud.

If passed, this law would likely make life easier for tax whistleblowers. Specifically, it would provide whistleblowers and independent right to sue for retaliation. While retaliation is currently prohibited, the whistleblower would have to rely on the IRS to prosecute it. That is not much of a protection, so providing the whistleblower an independent right to sue is a meaningful improvement and protection.

Second, it would allow some sharing of information between the IRS and whistleblowers.  This is a complex situation because legal prohibitions generally keep the IRS from sharing individuals’ tax information with third party whistleblowers.  But with no sharing of information, the whistleblower has no way of knowing how the case is progressing, if it is progressing at all. That can lead to a whistleblower being blindsided by retaliation or fearing for their job when, in fact, no investigation is being conducted that would jeopardize their career. This new legislation tries to find a middle ground, where whistleblowers can be given case-status information without violating any other citizen’s privacy.

What Should You Do if You Want to Become a Whistleblower to the IRS?

If you are interested in becoming a whistleblower to the IRS, you need to have experienced counsel to help you through the process. As a whistleblower, you are entitled to a share of whatever funds are recovered as a result of an investigation into the fraud you reported.  That is a powerful incentive, as is doing the right thing.  But know that this a long process and that you can experience retaliation if you are discovered.

Call Barrett Law now, an experienced Mississippi whistleblower firm, to represent you if you want to become a whistleblower

Barrett Law has the experience to protect your rights, your livelihood, and your income.  Contact us now at (601) 790-1505 to get experienced counsel on your side.

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Experienced Mississippi Whistleblower Attorney Advises Clients on the Foreign Corrupt Practices Act

Questions have arisen about the Trump administration’s interest and willingness to enforce the Foreign Corrupt Practices Act (FCPA). The concern was raised during President Trump’s campaign, when then when memories of then-businessman Trump called the FCPA a “horrible law” in 2012. However, Attorney General Jeff Sessions recently affirmed the Trump administration’s commitment to enforce it. How does this affirmation affect potential whistleblowers?

In a nutshell, the FCPA prohibits Americans and American companies from bribing foreign officials in an effort to attract or retain a business relationship. Sessions confirmed that the Department of Justice (DOJ) will continue to enforce the FCPA, meaning that whistleblowers who report illegal payments to foreign governments will continued to receive the backing of the DOJ. If you find yourself in a position where your employer is engaging in the sort of illegal conduct prohibited by the FCPA, you need an experienced attorney to provide you with advice on how to navigate this extremely difficult situation. In addition to whistleblowing being the right thing to do, there are also financial rewards under the FCPA for those who alert the government to corporate bribes to foreign nations.

History of the FCPA

Enacted forty years ago, the FCPA, 15 U.S.C. §§ 78dd-1, makes it against the law for all United States companies or individuals to bribe foreign officials on an effort to  to obtaining or retain business. In short, your employer cannot engage in “pay to play” with other countries. Additionally, the FCPA also requires companies to document how they do business with foreign countries in an effort to maintain a record of all transactions. This latter requirement is in place to make sure that there is a record of payments to foreign nations. This prevents senior members of a company’s leadership from claiming that they had no way of knowing that illegal payments were being made.

What is the New Administration’s View of the FCPA?

In 2012, then business leader Trump trivialized the FCPA’s noble goals by suggesting that the rest of the world conducts business through bribes and other illegal payments, and that the United States’ decision to prevent those sorts of payments was pollyanna thinking.  Trump stated then that the FCPA is a “horrible law” and “the world is laughing at us” because of the U.S.’s stance. He suggested that the FCPA put U.S. companies at a competitive disadvantage abroad. Obviously, memories of these statements made anti-corruption advocates nervous once Trump was elected president. As a result, attorney General Sessions’ affirmation that the DOJ will continue to enforce the law was welcomed by those who feared that the new administration may either let it go unenforced or, worse, actively undermine its stated goal of leveling the international business playing field.

Financial Rewards for Whistleblowers

If you are aware of bribes being paid to a foreign nation, you may be entitled to a significant reward for your decision to become a whistleblower.  The Sarbanes-Oxley Act and the Dodd-Frank Act require the Securities and Exchange Commission to pay potentially significant rewards to whistleblowers who choose to notify the government of foreign bribery. The Dodd-Frank Act awards whistleblowers 10 to 30 percent of any money recovered of over $1 million that the agency attains from a violator after an enforcement action.

If you are employed by a company that is paying bribes to attract or retain business with a foreign nation, you need experienced Mississippi whistleblower counsel now.

Contact the Mississippi Whistleblower Attorney at (601) 790-1505 to speak to a Mississippi whistleblower immediately if you think you may be a Foreign Corrupt Practices Act whistleblower.  Not only is alerting the United States government the right thing to do, that act may entitle you to significant financial reward.

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Do You Have Enough Evidence to File a Whistleblower Lawsuit?

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 are uncovering corruption for the good of society, but are also prosecuting a case to attain some financial reward for yourself. To get that financial reward, a qui tam investigation needs to gather significant evidence that fraud has actually occurred and then report it before someone else does. This can be a long and painstaking process. Before commencing a qui tam claim, you need to look at the evidence you already possess, the evidence you can obtain, and what key evidence you will be unable to obtain.

Because we now live in a world where business communications are largely conducted digitally, whether by email, text, or voice over internet phones, a large body of digital evidence may be available to you in the normal course of your job. Attaining and organizing this body of evidence is the first step, and an attorney will use this information to judge whether there is a sufficient evidentiary foundation to build a case around.

After that initial review, you may have to take a more stressful step of attaining evidence that you do not readily have access to. This is not a step to be taken without legal advice regarding what additional pieces of evidence are critical and how to legally attain them. Close communication with your legal counsel is key at this step, as several factors impact what information you can gather and whether you can distribute it.  Your legal status within the company, as well as any medical or legal privilege that may limit your ability to disseminate certain types of records, must be carefully considered.

There will usually also be information you cannot obtain or cannot obtain without undue risk to yourself, your career, or undue risk of discovery. Deciding what evidence is crucial and whether or not to continue to try to obtain it is a difficult decision best made with the advice of experienced counsel. The decision to continue seeking evidence or to simply file your claim is not an easy one, in part because time is of the essence.

You may be the only person to see that actual fraud is being committed, but others may also know or sense that something is amiss. Given the many ways in which most businesses are audited and tracked, other employees may also be starting to sense that something is “not right.”  That means that if you delay filing your qui tam claim too long, either due to indecision, fear, or a desire to gather additional evidence, you may lose “first-to-file” status. Losing the status means you receive no financial reward, as while the government is extremely interested in reports of fraud, they are not particularly interested in a second report of a fraud their already aware of. As a result, keeping your suspicions and evidence gathering to yourself is vital, as is the legal decision regarding whether you have sufficient evidence to go forward.

If you believe that fraud is occurring in your workplace, contact Barrett Law now at (601) 790-1505. This is not a situation for amateurs or even for attorneys who do not specialize in qui tam cases.  Barrett Law has the experience required to protect you and successfully bring a whistleblower claim on your behalf.

Barrett Law has a Mississippi Whistleblower Attorney with experience in protecting whistleblowers’ rights and attaining their financial rewards. Do not hesitate; call us for a consultation today.

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Mississippi Whistleblower Defense Attorney Answers the Question: Can I File a Whistleblower Case Anonymously?

Given the high stakes of filing a whistleblower claim and the potential risks involved, clients sometimes ask whether a whistleblower or “qui tam” suit can be filed anonymously.  Whistleblower claims are made under the False Claims Act and actually must be filed anonymously at first. The question is how strong that anonymity is and how long it will be until your name becomes known to those whom you have alerted the federal government to. There is no exact timeline regarding how long a whistleblower can remain anonymous, but the following guidelines can help give you some perspective on this question.

Under the False Claims Act’s terminology, a whistleblower is called a “relator.”  By law, relators must file their claims or “blow the whistle” under seal. That means that the relator’s allegations of fraud are only known to the court and the federal government. This process provides the federal government an opportunity to look into the claim without the tipping anyone else off about the fraud. Accordingly, the relator is anonymous to everyone except the government and court at this stage; that said, if the federal government starts investigating the relator’s employer and begins looking into issues closely tied to the relator, an inference regarding the relator’s identity may materialize.

The False Claims Act only protects the relator’s identity for 60 days; after that, the seal may be lifted. The seal may also be extended while the government continues its investigation. An important point to consider is that the federal government, not the relator, decides whether the seal will be extended or lifted.

Once the seal on a case is lifted, a whistleblower case resembles other civil litigation. That means that the defendant—the relator’s employer—is served with a civil complaint. A civil complaint is a public list of allegations of wrongdoing. While there is no requirement that a civil complaint name the relator by name, a complaint will be descriptive of the conduct at issue, and it is unlikely that an employer would not figure out who the relator is based on those allegations. In the off chance that a defendant is unaware of the relator’s identity after being served with a complaint, either the relator or the government will have to disclose the name as a witness once the discovery process begins, where the parties exchange evidence, including witness names.

Not every qui tam case filed under the False Claims Act goes forward after the federal government investigates it. Sometimes the federal government decides not to join in the suit, which usually means it feels it is not particularly strong. The relator can still pursue the case alone, but this is a high risk proposition without the government’s backing. In that case, the relator may want to dismiss the case while it is still under seal. Unfortunately, a dismissed case is no longer under seal, meaning that the relator is no longer necessarily anonymous, as the dismissed claim is a public record. While it is possible to have a judge seal a dismissed case, this is rarely done, except when there are direct threats against a whistleblower. In the end, the relator’s identity will likely be known, even if the case is ultimately dismissed.

The False Claims Act does protect whistleblowers from retaliation. A whistleblower cannot be fired, demoted, threatened, harassed, or be the recipient of discrimination by the employer, and a separate retaliation claim can lead to financial penalties against the employer.

Call Barrett Law now at (601) 790-1505 if you are a whistleblower.

Being a relator is a stressful process requiring experienced legal advice to protect your identity and rights. Contact our Mississippi Whistleblower Defense Attorney 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 under the False Claims Act. Having expert legal advice by your side can mean the difference between receiving your share of a False Claims Act judgment and losing your career and livelihood. Call us today.

 

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Mississippi Qui Tam Lawyer Discusses The False Claims Act and Whistleblowers

A whistleblower is a person who exposes his or her employer of engaging in conduct that is illegal or harmful to the public. Reporting the illegal conduct of one’s own employer can be frightening, and can have consequences. In order to encourage people to come forward when they have incriminating information about their employers, there are certain laws that protect whistleblowers. If a whistleblower is reporting fraudulent acts taken against the United States government, the False Claims Act can be used to both protect and reward the whistleblower.

What is the False Claims Act?

The False Claims Act, also referred to as “Lincoln’s Law,” has existed since 1863, when it was enacted to combat fraudulent acts committed against the Federal Government. The law allows an individual to sue on behalf of the government in what is called a “qui tam” action.

What types of violations are included under the False Claims Act?

The False Claims Act can be used to sue individuals who falsify records or make false statements in order to either get money paid to them from the government that they are not actually owed, or to avoid paying all or some of the money that they owe to the government. Additionally, if a person has temporary possession of something that is government property, and fails to return the property in its entirety, they can be sued under the False Claims Act. One of the most common areas in which people commit violations of the False Claims Act is in Medicare and Medicaid fraud. For example, healthcare facilities might bill Medicare for services that were never actually provided to the patient, or that were completely unnecessary.

What does the whistleblower get in return for filing the claim?

When a whistleblower files a “qui tam” action, he or she has the possibility to recover an award if the claim is successful. While the act originally allowed whistleblowers to collect 50% of the damages, it has since been reduced to between 15 and 30%. In some cases, whistleblowers are also protected from retaliation. The False Claims Act might require that an employee who was fired for their actions be reinstated, receive double back pay, and damages for the cost of litigating the claim, and attorney fees.

How does a “qui tam” action take place?

In a “qui tam” action, the individual reporting the violations files a suit against the violating party in Federal Court. When the suit is first filed, only the person filing the suit, referred to as the “relator,” and the government will know what the claim is about. It is then up to the government to decide whether or not to take over the claim. If the government does not take over the claim, then the relator may proceed with the case themselves. If the government does take over the claim and is successful, the relator will receive an award equal to 15-25% of what the government recovers. I the relator continues after the government chose not to intervene, then he or she can collect up to 30% of the award.

If you are in the position to report fraud on behalf on your employer, it is important that you seek the advice of an experienced attorney. There is a lot at stake in these cases, and an attorney can help you figure out the safest course of action to take given the circumstances that you are facing.  Contact Barrett Law PLLC today at (601) 790-1505 to learn more about how our seasoned Mississippi Qui Tam Lawyer can make a difference for you.

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Mississippi Qui Tam Lawyer Discusses Environmental Whistleblowers

Most federal environmental laws were enacted between the 1960’s and 1980’s, although statutes designed to protect the environment, including waterways and harbors have existed for much longer. It is important to remember that many of these laws are not just intended to protect wildlife, but are designed to protect people from being exposed to contaminated drinking water, dangerous chemicals, and polluted air. When companies violate environmental laws, they could be exposing us all too serious health hazards.

In many cases, a violation of an environmental protection law will only be discovered by an employee of the violating company. This is why the environmental statutes provide whistleblower protections to employees who report conduct that violates the law.

Federal Environmental Statutes

There are seven federal statutes that designed to protect the environment, and that provide whistleblower protections. These are:

  • The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This law sometimes referred to as the “Superfund Law,” creates regulations for disposing of and removing hazardous waste.
  • The Energy Reorganization Act, which is concerned with safety issues related to nuclear
  • The Water Pollution Control Act (WPCA, often called the “Clean Water Act”), which regulates water pollutants, discharge into waterways and creates standards for water quality.
  • The Safe Drinking Water Act (SDWA) set standards for drinking water quality and protects the public supply of drinking water.
  • The Toxic Substances Control Act (TSCA) allows the Environmental Protection Agency (EPA) to place restrictions on chemicals and to set testing, reporting and recordkeeping requirements for chemicals.
  • The Clean Air Act allows the EPA to regulate air emissions and set air quality standards in order to protect the public from hazardous air pollution.
  • The Solid Waste Disposal Act (SWDA) sets regulations for the disposal and handling of hazardous and non-hazardous solid waste.

When a Whistleblower is protected

Among other things, employees are protected when they report violations of the law to the EPA, report to a supervisor concerning the violation, report to a media outlet, or refuse to partake in the illegal activity. The protections apply to formal employees but can extend even to independent contractors.

If an employee reports a suspected violation but turns out to be mistaken, that employee can still be covered by whistleblower protections. This is because the laws are designed to encourage people to speak out, and not to make people feel as though they have to conduct their own investigation before reporting the violation.

It is possible to engage in activities that would not be considered protected. For instance, if an employee engaged in a violent encounter with his or her supervisor over the violation occurring, and subsequently loses his or her job, the protections might not apply.

What the laws protect against

Employees are protected from “adverse actions” that are taken in retaliation for their reporting of a violation. Thus if an employee is fired, demoted, receives a pay cut or is looked over for a promotion as a result of their reporting of the violation, they can file a complaint with OSHA.

Of course, the employee will have to show a causal relationship between the adverse action and the whistleblowing activity. It is obviously unlikely that an employee receives a letter stating that they are being terminated because they reported the company to the EPA though, so inferences can be made. If you received positive work reviews for three years, and then were terminated shortly after speaking out about a violation, that would be evidence that the firing was connected to your status as a whistleblower.

Contact Barrett Law PLLC today

To learn more about how the seasoned Mississippi Qui Tam Lawyer at Barrett Law PLLC can help you, contact the firm at (601) 790-1505 today.

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Potential Whistleblowers, Proceed with Caution, Warns Mississippi Qui Tam Lawyer

Potential Whistleblowers, Proceed with Caution, Warns Mississippi Qui Tam Lawyer

Some of the most famous whistleblowers have changed the course of history by bringing down powerful political figures, exposing violations of human rights and sending corporations into bankruptcy. While most whistleblowers do not become household names, there are often violations of ethics and laws that would go unchecked and unpunished if not for people willing to risk themselves to stop a wrongful practice from continuing.

Without whistleblowers, corporations could violate safety and environmental regulations, and defraud customers, and governments could violate people’s rights and cheat our democracy. The importance of whistleblowers is recognized by many laws and statutes that are designed to protect whistleblowers from workplace retaliation. Without protections, many people would be reluctant to expose their employers because they would fear losing their job, being demoted or not being promoted when they deserved to be.

Even though whistleblowers are protected, it is possible that a potential whistleblower could go about attempting to expose his or her employer in a way that would be a legal violation in and of itself. It is important that whistleblowers speak out, but they should do so in ways that protect themselves.

Evidence

If you believe you are in the position to be a whistleblower, you probably have some evidence of wrongdoing. Perhaps you have emails or other documentation of the things that you believe amount to a violation. On the other hand, you might wish to find more evidence to support your case before you come forward. In attempting to collect evidence of your employer’s violations, you could end up breaking the law yourself. If you video, record, or photograph co-workers without their knowledge, this could get you into trouble in some instances. Additionally, if you signed a confidentiality agreement with your employer, you should be careful that you are not violating that agreement before you have done everything to protect yourself. At the same time, you could find yourself in trouble for partaking in the illegal actions of your employer, even if you are only doing so in order to get more evidence.

Your best bet is to speak with a whistleblower attorney in order to determine whether you should seek more evidence, and what actions you can and cannot take in order to collect more evidence.

Loose lips

Another way you can find yourself in trouble is by speaking casually to friends or colleagues about the violations that are occurring. In these cases, you run the risk of having your intentions exposed to your employer and potentially having some of the evidence disappear before the wrongdoers are caught. It is also possible that someone might decide to expose the violation before you, putting your whistleblower protections at risk. There are also some claims that offer a whistleblower a reward for coming forward. This could entice someone to speak out especially if they believe that you are going to anyway.

If you believe you have witnessed violations of the law that need to be exposed, you should reach out to an experienced whistleblower attorney in order to determine the best and safest course of action for you to take.   Contact the seasoned Mississippi Qui Tam Lawyer at Barrett Law PLLC now at (601) 790-1505 to learn more about your legal options.

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Whistleblowing in Medicare Fraud Cases

When an employee reports the illegal conduct of their employer, they become a whistleblower. Whistleblowers have exposed corporate practices that were not only unethical but actually, put people’s lives at risk. Even when a company is committing acts that are clearly wrongful, employees who discover that their employers are committing crimes are faced with difficult decisions. One issue they likely face is the possibility of suffering from retaliation, such as being terminated, if they decide to expose the illegal conduct.

However, it is often the case that only an employee would be in the position to learn the information necessary to report their employer’s wrongful actions. Whistleblower protection laws help to encourage people to speak up when employers commit illegal acts and to discourage employers from retaliating against employees who choose to do the right thing. One area where whistleblowers are extremely important is in the healthcare industry, where programs such as Medicare are frequently defrauded.

Medicare fraud

Medical facilities such as hospitals and nursing homes sometimes overbill Medicare. As it turns out, Medicare fraud accounts for around 10% of the total payments made by Medicare. In dollars, this means that the Medicare program if fraudulently billed tens of billions of dollars a year.

Medicare fraud often includes scenarios where medical facilities bill for services or equipment that they did not provide, or bill for a more expensive treatment than was actually given to the patient. There are some situations where patients covered by Medicare take part in the fraudulent acts, permitting the provider to use their Medicare number to bill for procedures or services that they did not actually require.

Because Medicare is designed to pay doctors quickly and therefore encourage them to see patients who are on Medicare, the program automatically pays out for claims that are filed, making fraud detection difficult. This has made Medicare particularly vulnerable to fraud.

The staggering costs that result from Medicare fraud are highly disturbing. But fortunately, some employees of medical facilities make the brave decision to speak out thereby exposing their employers’ illegal actions.

What protections exist for an employee who reports Medicare fraud?

In many cases, healthcare providers and other people working for medical facilities are the people best positioned to discover fraudulent billing practices. Of course, these people’s jobs might be threatened by their willingness to come forward and report the fraud.

In order to discourage Medicare fraud, perpetrators are subjected to heavy fines for their actions. Whistleblowers are awarded a portion of the fine paid by the violating facility, as well as a portion of the money recovered. This can lead to high reward payouts to whistleblowers. Additionally, though, retaliation against a whistleblower in a Medicare fraud claim is prohibited by law.

If you believe that your employer is committing Medicare fraud, you should speak with an experienced attorney. In some cases, it is possible to receive an award and have your job protected when you decide to do the right thing and report Medicare fraud.   For further information, contact the seasoned Mississippi Qui Tam Attorney at Barrett Law, PLLC today.

 

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