Whistleblowers filing a lawsuit under the False Claims Act are required to have legal representation. All courts will dismiss a False Claims Act suit filed pro se, that is, without any attorney representing the whistleblower. This requirement assists both the Department of Justice and the federal court handling the False Claims Act lawsuit, since the whistleblower’s complaint will be crafted by your lawyer to make their job of evaluating your allegations easier.
Having an experienced False Claims Act whistleblower lawyer representing you is also a safeguard as you navigate this complex area of law. Your attorney also provides a strong layer of protection in case the target corporation or other business in your False Claims Act whistleblower lawsuit decides to retaliate against you.
Because the False Claims Act requires whistleblowers to have legal representation, whistleblowers should seek out the very best attorneys handling whistleblower cases in False Claims Act litigation. Hagens Berman has a long, successful track record in bringing False Claims Act cases and taking on many of the world’s biggest corporations on behalf of our clients. And our firm fights to maximize the rights and recoveries available to our clients under the False Claims Act, with many clients receiving multi-million dollar awards for their whistleblowing work.
WHY DO I NEED A WHISTLEBLOWER ATTORNEY?
The qui tam provision in the False Claims Act allows individuals to report fraud against the government by corporation or individuals and to share in any financial recovery by the government. This is a unique provision not found in other laws. Still, the False Claims Act requires that an attorney prepare and file the False Claims Act lawsuit on behalf of the whistleblower, the relator in the action. If you file a claim under the False Claims Act without counsel, your claim will be dismissed by the court. It’s as simple as that.
A False Claims Act attorney, however, will advocate across several steps on your behalf.
False Claims Act attorney will prepare a disclosure statement to provide to the Department of Justice before filing your lawsuit under seal. Since the government was the victim of the alleged fraud, it requires that all False Claims Act whistleblowers provide their fraud allegations to the Department of Justice before filing suit. These allegations are filed in a disclosure statement prepared by the whistleblower's attorney.
As your False Claims Act attorney prepares your case, they will:
- Clearly lay out your evidence and allegations detailing the fraud.
- Make sure federal investigators have everything they need to straight-forwardly evaluate your case and investigate further.
- Meet all deadlines required under the False Claims Act.
- Make sure your case receives diligent consideration by senior officials within the Department of Justice. Hagens Berman’s reputation for excellence and long-standing relationships with federal and state government investigators helps our clients’ claims get the attention they deserve.
AFTER FILING A FALSE CLAIMS ACT COMPLAINT: A WHISTLEBLOWER ATTORNEY’S DUTIES
Once your disclosure statement is provided and evidence turned over to federal investigators, your attorney will work with you to draft and determine the forum for filing your False Claims Act lawsuit under seal in one of often several federal districts.
Your attorney will work with the Department of Justice to further explain the allegations and respond to questions from federal and state investigators. Often your attorney will provide additional formal disclosure statements reflecting additional developments and allegations.
After filing, the Department of Justice will typically spend several months investigating the False Claims Act allegations. Eventually, the Department of Justice will decide whether to "intervene" in your case. If and when federal investigators choose to intervene, they take over your claim and file a lawsuit against the perpetrators of fraud on the government’s direct behalf. At that point the Department of Justice takes over the investigation and prosecutes the defendants. If they successfully recover ill-gotten gains, you stand to earn typically between 15%-25% of the award.
If the government chooses not to intervene in your False Claims Act whistleblower suit, the False Claims Act allows you to proceed with the claim yourself. Your whistleblower attorney will be ready to carry your lawsuit forward on your behalf and on behalf of the government in the event that you and your counsel believe the government had sufficient reason to intervene though they chose not to. Since a whistleblower is litigating directing in that scenario, the False Claims Act entitles you to potentially up to 30% of the recovery you may secure against the targets of the case.
Many False Claims Act cases are complex and can take years to reach a final resolution. Choosing the most skilled law firm available with the resources to back a lengthy case increases your chances of achieving both justice and a monetary award for your whistleblowing.
PROTECTIONS OFFERED TO FALSE CLAIMS ACT WHISTLEBLOWERS
At any point before, during, or after your whistleblower action, the company you have identified as committing fraud against the government may decide to retaliate against you. Such retaliation can take many forms – you may be fired under a pretext; you may be given lesser responsibilities and opportunities to earn; you could also get purposely passed over for advancement or be placed on a pretextual performance plan. Many such retaliation actions are illegal. If your workplace becomes a hostile environment, it is crucial that you work with an attorney who will protect your rights.
In these situations, your legal counsel may be able to add a retaliation claim to your False Claims Act fraud lawsuit, or you may be able to consider filing suit separate from the fraud case. These can be complex, strategic questions. The False Claims Act provides several remedies for whistleblowers retaliated against, including eligibility for a return to your previous position with full benefits and seniority. You may receive double the wages you've lost and a share of other penalties assessed against the wrongdoer. The company found guilty may also have to pay your legal fees.
TRUST YOUR FALSE CLAIMS ACT WHISTLEBLOWER CASE TO HAGENS BERMAN
When moving forward with a False Claims Act claim, whistleblowers should choose carefully the best law firm to represent their claim. When the success of your claim carries the potential for significant risks and rewards, you need a law firm with an outstanding False Claims Act track record and one with the resources, reputation and proven commitment to take on high-stakes litigation.
As one of the top plaintiff firms in the country, Hagens Berman is positioned to be your advocate as a whistleblower. We utilize our decades of trial and courtroom experience and relationships with the Department of Justice to ensure your case gets fair consideration and meets every necessary deadline.
Hagens Berman provides a free and confidential analysis of your potential whistleblower matter. You can also visit our whistleblower informational page for more helpful articles and instructional videos from our legal team on the False Claims Act.
