At Keller Grover, we often see a surge of whistleblower reports after the new year. This can happen for a number of reasons. Sometimes people are fired or pushed out of a job toward the end of the year for speaking out about wrongdoing. Others may have discussed something they witnessed at work with friends and family over the holidays and feel compelled to step forward. And others just want to start the year fresh.
Whatever the reason, now is as good a time as any to report a fraud on the government. Here are some things to consider if you’re thinking about becoming a whistleblower.
The most effective law to fight fraud on the government is the False Claims Act. Any person with knowledge of fraud against the government, whether it’s related to Medicare billing, a military contract, or any other procurement program, can file a lawsuit under the False Claims Act to recover amounts taken improperly from the government. The government can intervene in the case, or allow the whistleblower to proceed without the government. Keller Grover has experience handling both situations.
Some common false claims include:
- overcharging for a product or service
- delivering a defective or ineffective product
- paying the government less than it is entitled to under a contract
- charging the government for less than the promised amount of the product
- underpaying money owed to the government
- charging for one thing but delivering something different.
The False Claims Act incentivizes whistleblowers by rewarding them with a percentage of the amount the government successfully recovers as a result of the whistleblower’s False Claims Act case, up to 30 percent.
“With its incentives and protections, the False Claims Act has been extraordinarily effective in spurring whistleblowers to sound the alarm on fraud,” says Kate Scanlan, a whistleblower attorney at Keller Grover. “The procedures can be complicated for the layman, but with knowledgeable legal counsel, whistleblowers can navigate the judicial waters with confidence — and with results. They can help expose these frauds and steer government funds back to the purposes and programs for which they were intended.”
Besides the False Claims Act, there are other whistleblower laws, including the Sarbanes-Oxley Act and the Dodd-Frank Act (broadly seeking to keep financial institutions/publicly traded companies stable, forthcoming and prudent), and IRS whistleblower law (addressing tax noncompliance). Other laws establishing whistleblower programs include the National Traffic and Motor Vehicle Safety Act (provides incentives for automobile industry whistleblowers who report safety hazards) and the Anti-Money Laundering Whistleblower Improvement Act (seeks information about activities that violate the Bank Secrecy Act). California has additional whistleblower laws as well.
If you’re still at your job and have seen potential wrongdoing, here are some steps you can take in addition to contacting us for a consultation. In addition, you can read our answers to frequently asked questions about becoming a whistleblower.
Whistleblowers deserve the best advocates. Keller Grover provides confidential, free consultations to advise those who have observed suspected wrongdoing. We can guide them in determining the best path forward from the very beginning, helping minimize the impact of reporting, protect their rights, and achieve the best possible outcome for the situation. If you need advice, contact us today.