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Whistleblower Litigation
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You have a story to tell. Something's wrong. You know it. You know that what's happening isn't right and isn't fair. Someone should do something about it. You.
Fraud. It's known by many names in many forms: False claims, overbilling, upcoding, unbundling, kickbacks, false certification. But they all have one thing in common: the individuals and companies that commit this fraud are cheating Federal and State government. And when that happens, we all pay the price.
At Thornton & Naumes, we'll listen to you.
Kinds of Fraud
Although Federal and state governments are the victims of numerous kinds of fraud, the majority of fraud cases involve Medicare or Medicaid, Healthcare, or Defense Contractors. Bad actors in these fields commonly take advantage of complicated billing schemes or large contracts to hide their fraud.
But big or small, fraudulent claims add up; hundreds of cases are filed with the Federal government each year- leading to more than seven billion ($7,000,000,000) in recoveries.
Anti-Fraud Laws
Those who report fraud, known in legal terms as "relators" (rhymes with "relay"), and commonly as whistleblowers, have some of the most powerful and effective laws in the country on their side. The Federal False Claims Act , 31 U.S.C. §§ 3729-3733, which provides the legal framework for claims alleging fraud against the Federal Government, does several important things for a whistleblower:
- Provides specific protection for the whistleblower from discharge, demotion, suspension, threats or other harassment or discrimination that the whistleblower may encounter due to lawful actions taken in the furtherance of a whistleblower claim, if the employee is still works for the employer; 31 U.S.C. § 3730(h);
- Provides for filing a whistleblower complaint under seal , which means that no one other than the government, not even the defendants alleged to have committed the fraud, can know of the complaint until after the government has investigated the claims; 31 U.S.C. §3730(b)(2);
- Allows the whistleblower to share in the government's successful recovery - from 15% and up to 25% of the entire recovery. 31 U.S.C. § 3730(d).
Eleven states and the District of Columbia also have their own false claim acts that closely resemble the Federal Act.
What You Need to Know
Contingent Fee Representation
Whistleblower laws allow for the contingent fee representation of whistleblowers. What's more, the Federal False Claims Act also provides that a whistleblower's attorney's fees are paid by the entity that committed the fraud in the event of a government recovery. What this means is that you can be represented without any out-of-pocket expenses. We are only paid in the event of a recovery.
Who Can Be A Whistleblower?
Anyone. It is possible for anyone who knows of fraud against the government can become a whistleblower. Typically, individuals who know about fraud are employees or former employees of the companies committing the fraud.
Employees or former employees may have the best evidence to support their knowledge.
Only The First To File Can Recover
There can only be one whistleblower claim based on certain information. The first to file based on specific information about a particular fraud preempts other whistleblowers and their claims. In addition, you cannot bring a whistleblower complaint if information about the fraud becomes public before you bring a claim.
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