What Does it Mean to be a False Claims Act Whistleblower?

Whistleblowers under the False Claims Act may expose a company or other entity for committing fraud against the government. Under the False Claims Act, whistleblowers enjoy protection from retaliation and can also earn a large share of the money recovered from wrongdoers as a reward for their successful efforts.

False Claims Act laws allow anyone to step forward with information about fraudulent conduct that targets the federal government or several state governments—including the Medicare and Medicaid programs. Whistleblowers work with a False Claims Act lawyer to collect and present evidence to the Department of Justice and sometimes state Attorneys’ General in support of an eventual lawsuit that is filed under seal. In some cases, whistleblowers are permitted to move lawsuit forward themselves on behalf of the government.

Hagens Berman provides your whistleblower case with an advantage when it is time to present your complaint to federal investigators. Having successfully represented numerous False Claims Act whistleblower claims, and established a reputation with the government as among the very best whistleblower practices, we have the experience required to build compelling whistleblower cases that won’t go ignored. Hagens Berman litigates against fraud every day, no matter how large the corporation or business involved.

What Happens Once You Blow the Whistle?

If you are interested in exposing corporate fraud against the government under the False Claims Act, you should begin by talking with a qualified attorney with extensive experience in litigating False Claims Act cases and a reputation for excellence.

As a whistleblower, you can’t file a False Claims Act claim without an attorney. This is for your protection and courts require that counsel be involved in every False Claims Act case. The government also wants whistleblowers to present and file a thoroughly researched and supported fraud case. Hagens Berman attorneys have a clear understanding of how the federal government wants a case to be presented so that they can effectively evaluate the case’s merit and determine whether to intervene in the lawsuit. Our whistleblower legal team will present your findings and draft your fraud complaint in the best manner possible.

In general, a False Claims Act whistleblower case follows this process:

• Discuss your case and evidence confidentially with a Hagens Berman whistleblower attorney at no cost.
• Sign a retainer to allow our firm to represent you in your False Claims Act case.
• Hagens Berman works with you to collect evidence to support your case and to structure the allegations and information so that the government can readily understand and ultimately agree with the allegations.
• Hagens Berman presents your False Claims Act complaint and all supporting evidence confidentially to the government.
• Following this disclosure to the government, your False Claims Act lawsuit is filed confidentially, under court seal.
• The Department of Justice and often the Attorneys General of several states investigate your allegations while the case remains confidential and under seal to decide if your False Claims Act case is worth pursuing.
• Following investigation, the Department of Justice and state Attorneys General decide whether to intervene in your False Claims Act case and litigate the case or to decline intervention and allow you and your counsel to litigate on its behalf. In this event, Hagens Berman’s legal team then advances the case on your behalf and for the U.S government in a qui tam proceeding.

Protections in Place for False Claims Act Whistleblowers

During the time following the filing of a False Claims Act whistleblower case, the case is under seal by order of the court. So a whistleblower has confidentiality protection during that time, which can last several years—generally a sufficient time period for the whistleblower to find other work if the target of the complaint is his or her employer.

Once a whistleblower’s False Claims Act case is unsealed, the identity of the individual blowing the whistle usually becomes public knowledge. Even before such time, in some cases, an employer might become aware of suspicious of the whistleblower’s identity. But there are protections from retaliation by an employer—including a cause of action allowing a whistleblower to sue.  

For example, it is illegal for the company to retaliate by firing, demoting or harassing you in retaliation for your efforts to stop fraud against the government. If the corporation in question begins to mistreat you inside or outside the workplace, you have the right to file a lawsuit.

The offending corporate actors are breaking federal whistleblower protection laws and face serious consequences. For example, a judge can order the company to restore your position and seniority. A judge can also award you double the wages plus interest you’ve lost while away from work. State False Claims Act laws provide similar protections also.

A Whistleblower’s Share in a Successful False Claims Act Case

Since whistleblowers assume some uncomfortable risk when they expose a corporate entity for defrauding the government, the government provides substantial financial incentives when their case is successful.

When the government intervenes and prosecutes a False Claims Act case, you are eligible to receive 15% to 25% of any damages recovered from wrongdoers. When you litigate suit against the defendant without the government, you can receive up to 30% of the money recovered in a settlement or judgment.

Hagens Berman Represents and Protects Whistleblowers

When considering a False Claims Act case against your employer or other corporate entity, you should seek the best representation available. There is a potentially substantial reward at stake, and you should rely on a law firm with extensive experience winning False Claims Act cases and with a sterling reputation with the government and courts nationwide.