VanDerGinst Law is currently accepting “Whistleblower” or “Qui Tam” claims. In 1863, Congress enacted the False Claims Act (FCA) to hold individuals and companies responsible if they defraud government programs. The FCA includes what is called “qui tam,” a shorthand Latin term, that allows a person not affiliated with the government to file claims on behalf of the government. This has come to be known as “Whistleblowing,” because the person is “blowing the whistle” on foul play.
The “qui tam” provision of the FCA allows citizens to sue on behalf of the government and be paid a percentage of the recovery. Separate from the False Claims Act, new laws also have been established to provide whistleblower protections for people who want to report fraud involving the Internal Revenue Service (IRS), and the Securities Exchange Commission (SEC. These cases have made a positive impact on our society by unveiling rampant corruption especially in the Government and Healthcare industry.
What Is A Whistleblower case?
There are many types of fraud and corruption which could trigger “whistleblowing”. These include any instances where individuals or businesses attempt to solicit a fraudulent claim for payment. This may include payments for goods or services. Some examples of possible whistleblower investigations include:
• A contractor who falsifies test results regarding the quality or cost of products it sells to the Government;
• A health care provider who bills Medicare for services that were not performed or were unnecessary;
• A grant recipient who charges the Government for costs not related to the grant;
• Lying to the government about the true wholesale price of prescription drugs;
• Double billing.
These are just a few examples.
How do Whistleblower laws protect me?
When you initially file a fraud claim, your identity can be kept secret from the public and the Defendant, although it will be known to the court and the government. This “seal” is not permanent, however. Eventually, when the investigation is complete or on a judge’s ruling, the information will be open for disclosure to the Defendant and to the public. Your lawyer can talk to you about any possible exceptions to this procedure.
There also is a part of the False Claims Act that is known as the “whistleblower protection” provision. This provision ensures that if you are fired, demoted, suspended, threatened or discriminated against in any other way by an employer as a result of your filing a report of fraud, that you will be reinstated to your former position. This includes receiving any seniority that may have been affected, as well as back pay, interest and other compensation that may be due as a result of damages or losses you suffered as a result of filing a claim.
Why Should I “Blow The Whistle?”
“Blowing the whistle” protects all taxpayers from fraud perpetuated by greedy companies and individuals. In addition, the person who draws attention to the fraud can be given a percentage of the damages awarded to the government. This can often be an enormous amount.
What can I do?
If you feel you have a claim, VanDerGinst Law would like to talk to you. You may be entitled to compensation. Contact us today for a free, no-obligation legal consultation. Call 866-788-LAWS (5297) or e-mail info@VLaw.com.