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Whistleblower/Qui Tam
If you have knowledge of a person or company attempting to defraud the federal government, and you come forward with this information, you could be financially rewarded for your courage.
The individuals who do so are known as whistleblowers, and they play a critical role in holding businesses and industries accountable. They also protect taxpayer dollars.
Blowing the whistle on fraud or any other illegal activity that goes against the public interest benefits the government and its people. That’s why the U.S. government offers incentives and protections to those who share credible information with them.
Although you might be nervous to come forward for fear of repercussions from your employer, there are laws in place to protect you from retaliation. Read on to learn more about these laws, and how Morgan & Morgan can help.
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What are common forms of retaliation for whistleblowers?
Whistleblowers play a crucial role in exposing fraud, corruption, and unethical practices within organizations. However, coming forward with information can put them at risk of retaliation. This can come in many forms, including:
- Harassment and Intimidation: Employers or colleagues may attempt to intimidate whistleblowers through verbal abuse, threats, or isolation in the workplace.
- Demotion or Job Reassignment: A whistleblower might find themselves reassigned to a less desirable position or demoted without cause.
- Termination: In some cases, employers may outright fire whistleblowers as a means of retaliation.
- Blacklisting: Former employers may spread negative information about a whistleblower, making it difficult for them to find new employment.
- Legal Action: Employers may attempt to sue whistleblowers for defamation or breach of confidentiality agreements.
How to Protect Yourself
- Seek Qualified Legal Counsel – An experienced whistleblower attorney can guide you through the legal process and help you understand your rights.
- Document Everything – Keep detailed records of any evidence related to the wrongdoing, as well as any retaliation you experience.
- Understand Your Rights – Federal laws such as the Whistleblower Protection Act and the False Claims Act provide legal protections for whistleblowers.
- Report Anonymously if Possible – In some cases, whistleblowers can file complaints confidentially to reduce the risk of retaliation.
What are the differences between general whistleblower, whistleblower government bounty programs, and qui tam lawsuits?
General whistleblower, whistleblower government bounty, and qui tam whistleblower lawsuits are all actions designed to expose wrongdoing, but they differ in several critical key aspects.
General Whistleblowers
- Any individual who reports misconduct, fraud, or illegal activities within an organization (public or private).
- Can expose wrongdoing internally (within the company) or externally (to regulators, media, or law enforcement).
- Protection varies depending on laws like the Whistleblower Protection Act (for government employees) or the Sarbanes-Oxley Act (for corporate fraud).
- Typically, they do not receive financial compensation unless covered under a specific program.
Whistleblower Government Bounty Programs
- Programs established by government agencies to incentivize reporting fraud or violations of law.
- Examples include the SEC and CFTC Whistleblower Programs (securities/commodities fraud) the IRS Whistleblower Program (tax fraud), and the DOJ Pilot Whistleblower Program (crimes involving corporations, healthcare fraud, financial institutions, and foreign corruption).
- Whistleblowers can receive monetary rewards (often a percentage of recovered funds) if their information leads to enforcement action.
- These programs often allow anonymous reporting and provide legal protections.
Qui Tam False Claims Act (FCA) Whistleblowing
- A specific legal process under the False Claims Act (FCA) allows individuals (relators) to sue on behalf of the U.S. and State governments for fraud against federal and state programs (Medicare, Medicaid, defense contracts).
- The government may intervene and take over the case, or the whistleblower can proceed independently.
- If successful, the whistleblower receives 15-30% of the government’s recovery as a reward.
- Strong protections against retaliation exist, but whistleblowers may face legal risks if they pursue cases without merit.
In short: General whistleblowers report wrongdoing with no guaranteed reward, bounty program whistleblowers report fraud to government agencies for potential financial incentives, and qui tam FCA whistleblowers file lawsuits on behalf of the government to recover taxpayer funds, earning a share of the recovery.
Do I have to pay for a consultation with a whistleblower lawyer?
No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.
How much does it cost to hire Morgan & Morgan?
Morgan & Morgan’s whistleblower attorneys work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.
Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.
Why should I hire Morgan & Morgan?
At Morgan & Morgan, our team of experienced whistleblower attorneys has successfully represented countless clients in similar situations, securing millions in compensation.
We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.
We take pride in protecting whistleblowers who courageously expose fraud, corruption, and misconduct. You shouldn’t have to face retaliation or legal challenges alone for doing the right thing. Contact Morgan & Morgan today for a free, confidential case evaluation to learn more about your rights and legal options.
How long does it take to resolve a qui tam lawsuit?
The timeline for resolving a qui tam lawsuit under the False Claims Act (FCA) can vary significantly depending on multiple factors. But generally, these cases take years to reach a resolution. Here is a breakdown of the timeline:
1. Investigation by the Government
After a whistleblower (relator) files a sealed complaint, the government investigates the allegations. The government investigation process can be as short as sixty days (rare) but most often takes two to three years or even more, especially for complex cases.
2. Government Decision
If the government intervenes, it takes over the case, which often leads to settlements or quicker resolutions. If the government declines, the whistleblower may proceed on their own, which can extend the litigation timeline.
3. Litigation
If the case is not settled before or upon unsealing, it proceeds to discovery, motions, and potentially trial, which can take years.
Since damages are trebled and civil monetary penalties apply to each false claim, defendants vigorously litigate if they fail to settle or secure a dismissal.
4. Settlement or Trial Verdict
Historically, less than 1% of all qui tam cases reach trial, the vast majority are either dismissed or settled.
Total Estimated Timeline:
Most qui tam lawsuits take between three to six years to resolve, though overly complex cases have been known to extend beyond a decade.
This is purely hypothetical—only an experienced attorney can provide an estimate based on the specifics of your individual case.
Can I file a whistleblower lawsuit anonymously?
In some cases. Agencies like the SEC and the IRS permit anonymous filings if a whistleblower is represented by an attorney. To explore your legal options for your specific claim, consider a free case evaluation.
What type of fraud is most commonly reported in qui tam whistleblower cases?
The most commonly reported type of fraud in qui tam whistleblower cases involves healthcare fraud, particularly fraud against Medicare and Medicaid. However, other industries also see significant whistleblower claims. Here are the top types of fraud commonly reported:
Healthcare Fraud (Most Common)
- Medicare & Medicaid fraud (billing for unnecessary services, upcoding, kickbacks)
- Pharmaceutical fraud (off-label marketing, false pricing, kickbacks)
- Hospitals and provider fraud (double billing, fake patient records)
- Medical device fraud (misrepresenting device safety or effectiveness)
Government Contracting Fraud (Procurement Fraud)
- Overcharging for goods or services
- Providing defective or substandard products to the government
- False certifications of compliance with contract terms
Financial & Securities Fraud
- Insider trading
- Ponzi schemes
- Falsified financial statements
- Misrepresentation of investment risks
Tax Fraud (IRS Whistleblower Cases)
- Large-scale corporate tax evasion
- Concealing offshore accounts
- False tax deductions
Defense & Military Contracting Fraud
- Overbilling for defense equipment or services
- Selling faulty or non-compliant military gear
- Falsifying test results for weapons or defense systems
Environmental Fraud
- Falsifying reports on pollution levels
- Illegally dumping hazardous waste
- Violating environmental regulations under federal contracts
Education & Research Grant Fraud
- Misuse of federal education funds
- Fraudulent claims for research grants
How does the government decide whether to intervene in a qui tam case?
The government evaluates multiple factors, including but not limited to the quality of the evidence, potential financial recovery, resources available, and impact on public interest, before deciding whether to intervene.
Key Factors the Government Considers for Intervention:
Strength of Evidence & Legal Liability
- Does the whistleblower provide credible, detailed, and well-documented evidence?
- Did the government uncover credible corroborating evidence during its investigation of the whistleblower’s allegations?
- Are there clear and material violations of the False Claims Act (FCA)?
Financial Impact on the Government
- How much money has the government lost due to fraud?
- Larger fraud cases (in the tens or hundreds of millions) are more likely to get intervention.
Government Resources & Priorities
- Does the DOJ have the resources to pursue the case?
- Is the case aligned with government enforcement priorities (healthcare fraud, defense contract fraud)?
- Cases involving national security, public health, or major financial fraud often receive higher priority.
Likelihood of Recovery
- Can the defendant pay if found liable?
- If the company is on the verge of bankruptcy, the government may decline intervention.
Potential for a Quick Settlement
- If early evidence suggests the defendant might settle quickly, the government is more likely to intervene.
Strategic & Policy Considerations
- Does the case involve egregious misconduct that could set a precedent?
- Is the fraud tied to a major government contractor or healthcare provider that requires stricter oversight?
What Happens After the Investigation?
If the government intervenes, it takes over the case, which usually increases the chances of a successful settlement or judgment.
If the government declines, the whistleblower can still proceed privately, but the case becomes riskier and harder to win.
In some cases, the government may decline but monitor the case, reserving the right to intervene later.
Can I receive a reward if the fraud I report leads to criminal charges?
Maybe. If a whistleblower’s allegation leads to the government recovering financial proceeds tied directly to the allegations and the allegations fall within a government bounty program, then the whistleblower may be entitled to compensation.
How much evidence do I need to provide when filing a whistleblower claim?
It depends. In whistleblower cases, it’s quality over quantity when it comes to evidence. Compelling evidence includes emails, financial records, internal reports, and witness testimony that implicates the defendant or corroborates the whistleblower’s allegations. Collaborating closely with an attorney can help you to understand what evidence may be required, and your attorney can assist you in collecting that evidence in a safe legal manner.
Do not take everything—this approach can have serious legal consequences for whistleblowers. Improper evidence collection may expose you to legal liability that could otherwise be avoided by following the guidance of an experienced attorney. Protect yourself—seek legal advice before acting.
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