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.