If you’re considering exposing fraud against the government, understanding the journey ahead is vital. In a recent episode of the Fraud in America podcast, Keller Grover attorney Kate Scanlan, known for her extensive experience with the False Claims Act (FCA), and host Jeb White shed light on what whistleblowers need to know before they make the decision to step forward. 

Here are some of the key takeaways Kathleen and Jeb offer to help potential whistleblowers understand the complexities of the process.

First Steps: Trust Your Gut and Seek Legal Counsel

The journey of a whistleblower often begins with a gut feeling that something is wrong. During the podcast, Kate emphasizes the importance of trusting that instinct and quickly seeking the counsel of a seasoned attorney. 

It’s important to do your homework and find a lawyer with a proven track record in handling cases similar to yours. A quick online search can reveal important details about a lawyer’s experience and the types of cases they have handled. Kate advises that potential whistleblowers be prepared with a clear and concise summary of your allegations — a brief “elevator pitch” — which can help streamline discussions with potential legal representatives and enable them to quickly evaluate your case.

Understanding Privilege, Evidence, and Case Selection

One of the most critical points made during the podcast is the significance of the attorney-client privilege in whistleblower cases. This legal protection ensures that the information you share with your attorney remains confidential, allowing you to share your concerns and evidence in confidence, without fear of retaliation or exposure. This privilege builds a foundation of trust between you and your attorney, which is essential for the success of your case.

The podcast also dives into the importance of having substantial evidence to back your claims. FCA cases can be particularly challenging, and the government’s limited resources mean that only the most compelling cases are likely to proceed. As such, being prepared with clear and convincing evidence is crucial, especially in cases where the government might choose not to intervene.

The Impact of Social Media and Public Disclosure

Social media can be both a tool and a trap for whistleblowers. During her conversation with Jeb, Kate recommends that whistleblowers set strict guidelines around social media use to avoid inadvertently creating issues that could jeopardize your case or raise red flags that could further complicate your legal battle. 

Other potential hurdles discussed that are essential for whistleblowers to understand include: 

• The Public Disclosure Bar, a legal doctrine that can block cases based on information already in the public domain. 
• The Health Insurance Portability and Accountability Act (HIPAA) and its exceptions, which allow whistleblowers to legally share patient records with the government under certain circumstances. 

The nuances and implications of HIPAA are particularly relevant for those in the healthcare sector considering taking action against fraudulent practices involving patient data.

Life After Blowing the Whistle

One of the most compelling parts of the podcast is the discussion on life after whistleblowing and the various paths whistleblowers may take once their case is over. 

Whether returning to your previous role, pursuing new opportunities, or reflecting on the experience, the decision to blow the whistle can have long-term consequences both personally and professionally. Understanding the potential outcomes can help you make informed decisions about your future.

The decision to become a whistleblower carries significant weight and the courage required to stand up against fraud is significant. By empowering yourself with an understanding of every step of the process and potential outcomes, you can make informed decisions about your future with confidence and integrity.  

How We Can Help

If you’re considering blowing the whistle, remember: preparation is key, and the right legal guidance can make all the difference. For additional insights and a comprehensive guide on navigating the FCA and life after whistleblowing, listen to the full episode of Kate’s appearance on Fraud in America, available here.

Keller Grover has deep experience advising potential whistleblowers and can help you determine the best path forward from the very beginning. Our lawyers diligently follow the latest legal developments to help minimize the impact of reporting, protect the rights of whistleblowers and achieve the best possible outcome. Contact us today for a free confidential consultation.