Whistleblowers

Alabama, Georgia, Tennessee, Florida

Qui Tam
If you know that your company is involved in fraud or other illegal activities, you can "blow the whistle" or file a complaint, and be protected by law. Under the Federal False Claims Act (FFCA), private citizens who are aware of fraud or wrongdoing by an organization or government entity can file a suit called a "Qui Tam." This lawsuit aims to stop the fraudulent behavior and require the wrongdoer to repay the money along with any penalties and triple the amount of damages. The whistleblower also receives a percentage of the recovery for stepping forward, along with compensation for legal expenses and lawyer's fees.

Even if you were somehow involved in the wrongdoing, you are still allowed to pursue a Qui Tam suit. And if you do file the suit, your employer is prohibited under the FFCA to retaliate against you in any way. You employer may not, under any circumstance, demote, suspend, threaten, harass or discriminate against you. The consequences for this type of behavior are steep.

A Powerful Tool
Whistleblowing has become an incredibly powerful and successful tool for exposing corporate fraud. Statistics reveal that total fraud against the government comprises about 5 percent of the yearly federal budget. Without the FFCA in place, experts believe fraud would be growing at an annual rate of 7 percent. In the past two decades, more than $15 billion has been recovered as a result of the actions by honest citizens.

Qui Tam lawsuits can be brought against organizations or government entities that violate a number of regulations or break the law. These lawsuits could involve:

• Medical malpractice
• Stockbroker or securities fraud
• Tax evasions or accounting fraud
• False Medicare or military billing
• Corporate corruption
• Threats to public health and safety
• Money laundering

A majority of those who file Qui Tam lawsuits are current or former employees of companies that commit wrongdoing. But anyone who is aware of fraudulent acts against the government can file a Qui Tam lawsuit. You could be a customer, competitor, even a patient.

Federal law states that whistleblowers are entitled to 15 percent to 30 percent of the damages. Congress chose to award whistleblowers a share of the recoveries to provide incentives for citizens to step forward despite the professional risk involved.

Is Your Company Committing a Crime?
If you are aware of any of these actions, you may have a valid Qui Tam suit. If a corporation or other organization knowingly:

• Presented the federal government a false or fraudulent claim.
• Used false records to get a claim paid by the government.
• Conspired with others to get a false or fraudulent claim paid.
• Used false statements to conceal, avoid, or decrease an obligation to pay (or transmit money or property) to the government.

Time is essential with Qui Tam lawsuits. If you're thinking about brining a case, you should act quickly. Please contact the fair labor practice lawyers at Burke, Harvey & Frankowski today. We are dedicated to the residents of Alabama, Georgia, Tennessee and Florida. Call or e-mail us today for a free evaluation.

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