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Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS ON BLOWING THE WHISTLE

What do I do if I think my employer is committing fraud against the Government?

The False Claims Act provides a tool for you to make the government aware of the fraud you supect your employer is perpetrating.  If you think you have evidence of fraud, you should contact an attorney who specializes in whistleblower lawsuits under the False Claims Act.  She can advise you of the technical steps you need to take to pursue a claim under The False Claims Act.  You must have an attorney to represent you in these cases.  Check out "Do I have a Whistleblower Case?" on this website to further explore your possible case.

How do I report an employer for fraud?

The False Claims Act allows an employee to bring a case on behalf of the government when you believe your employer is committing fraud.  The Act requires you to have counsel representing you in these cases.  Your experienced whistleblower attorney can guide you through the many technical requirements of the Act.  Your first step is to contact an experienced attorney to ensure that you do not do something to jeopardize your whistleblower reward.

How do I blow the whistle on my employer?

If you have evidence (either documents obtained during the normal course of your employment, or an overheard conversation) that your employer is committing fraud against the government, you may have the basis for an action under The False Claims Act. In order to "blow the whistle" on the conduct and recover an award under the Act for notifying the government of the fraud, you must hire an attorney to help you navigate the numerous requirements of The False Claims Act as well as the State False Claims Act, including the Florida False Claims Act.  Our attorneys are happy to consult with you about your case.  Please contact us to discuss your employer's fraud.

What is the False Claims Act?

The False Claims Act is a legislative tool designed to recover money that fraudsters have stolen from the government and tax payers.  Congress resurrected the Lincoln-Era legislation in 1986, and since then, the Act has returned billiions of dollars to the public fisc.  The Act allows citizens to alert the government of fraud being perpetrated on it by greedy actors.  This public-private partnership has proven itself extremely useful in bringing fraudsters to justice and in returning billions of dollars of fraudulently obtained moneys.  The Act covers any situation where the fraudster is wrongfully obtaining government funds. Contact us to see if you have a viable claim under The False Claims Act.

What is a qui tam lawsuit?

qui tam lawsuit is a claim brought under the False Claims Act, on behalf of the government. The whistleblower, known as the "relator", makes the government aware of fraud that otherwise may have gone unnoticed.  Together, the government and the relator work to bring the fraudsters to justice.  

Is there a reward for whistleblowing?

The False Claims Act entitles the whistleblower to a reward from 15% to 30% of any settlement or verdict depending on whether the government intervenes in the action (that is, takes the lead in litigating it) and the whistleblower and her counsel's participation and assistance in the government's investigation.  

What percentage of the fines will the whistleblower be entitled to after the government has finished and recovered everything?

The False Claims Act entitles the whistleblower to a reward from 15% to 30% of any settlement or verdict depending on whether the government intervenes in the action (that is, takes the lead in litigating it) and the whistleblower and her counsel's participation and assistance in the government's investigation.  

What happens after whistle blowing?

A few things happen.  First, assuming you properly blew the whistle by hiring an experienced attorney, the matter has been filed under seal.  What this means is that you cannot discuss the matter with anybody except your counsel.  "Breaching the seal" means you have somehow mentioned the matter to someone. This is serious and can severely jeopardize any award under the Act.  While the matter remains under seal, the government investigates your allegations.  Your whistleblower attorney can walk you through the procedures in more detail.

How long does it take to settle a whistleblowing case?

Although the answer to this question varies, typcially, the government will investigate the matter for a minimum of 2 years.  During that time, the matter remains "under seal", meaning that you cannot discuss the matter with anyone except your whistleblower attorney during the entire time the matter remains under seal.

Can I get money for blowing the whistle?

The False Claims Act entitles the whistleblower to a reward from 15% to 30% of any settlement or verdict depending on whether the government intervenes in the action (that is, takes the lead in litigating it) and the whistleblower and her counsel's participation and assistance in the government's investigation.  

Do whistleblowers remain anonymous?

The whistleblower remains anonymous during the majority if not all of the investigation of the matter.  Under very limited circumstances concerning the safety of the whistleblower, the government may agree to maintain the anonymity of the whistleblower.  This is something you should discuss with your experienced whistleblower attorney.

Can my employer retaliate against me if they suspect I've blown the whistle?

The False Claims Act prohibits an employer from retaliating against a whistleblower.  It provides for a cause of action against the employer for any retaliation, including demotion, termination or any other adverse action resutling from an employer's supicion that the employee is investigating employer fraud.  An experienced whistlebower attorney can walk you through your rights under The False Claims Act.

What is whistleblower retaliation?

Retaliation is any adverse action the employer takes against an employee whom he or she suspects is investigating employer fraud or not going along with perpetrating employer fraud.  An experienced whistlebower attorney can walk you through your rights under The False Claims Act. Any action brought under the anti-retaliation provision belong to the whistleblower in full.  The government does not have any right to the damages obtained under that claim.

Contact Us

If you want to report fraud against the government but you are concerned about your future, we are here to help. We will help protect your rights as a whistleblower to obtain the reward you deserve. Contact the Law Offices of Audrey Hildes Schechter today.

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