How do I know if I have a strong whistleblower case?
For those who are considering filing a “qui tam” whistleblower case, or a whistleblower claim with the Securities and Exchange Commission, the Commodity Futures Trading Commission or the IRS, just figuring out whether you have a solid claim can be daunting.
The best advice you can get is: Talk to an experienced whistleblower lawyer.
An experienced whistleblower lawyer with an established record of success in whistleblower claims is in the best position to help you evaluate the strengths and risks of your potential whistleblower case and provide advice on how to protect your job and anonymity. The whistleblower lawyer should offer an initial consultation at no charge.
Read advice and tips from a whistleblower who helped stop a significant fraud and received a reward.
Phillips & Cohen works on a contingency basis, meaning whistleblower clients don’t pay anything unless their whistleblower case is successful.
Questions to help you determine if you have a whistleblower case
With that in mind, here are some questions to consider that can help determine whether you have a strong whistleblower claim.
Do I have specific knowledge that involves fraud or other wrongdoing?
A whistleblower needs specific knowledge and a strong understanding of the violations to file a whistleblower case.
How do I know about the wrongdoing?
Many whistleblowers are employees or former employees, but that’s not a requirement. Anyone who has specific knowledge of wrongdoing, including non-employee industry insiders and experts, can be a whistleblower in government reward programs.
Do I have evidence that supports my claim?
Tangible evidence is helpful to launch a whistleblower case, but it isn’t a requirement. A case can be built in certain instances if the whistleblower has detailed knowledge of the violations.
Is the wrongdoing ongoing or in the past?
If the illegal or harmful practices occurred years ago and are no longer occurring, then there may be problems with a statute of limitations.
Does your matter meet the specific requirements for a whistleblower case or claim?
Each government whistleblower program has specific requirements. For instance, a SEC whistleblower claim must help the SEC recover more than $1 million in order for the whistleblower to qualify for a reward. For more on this, see our pages about the False Claims Act, the SEC Whistleblower Program, the CFTC Whistleblower Program, and the IRS Whistleblower Program.
What illegal activities qualify for a whistleblower claim?
Whistleblower claims most often involve specific types of illegal activities that cause harm to the government or the public. The most common types of cases include:
- Fraud against the government: This includes activities like Medicare or Medicaid fraud, defense contractor fraud, or grant fraud. The False Claims Act is the primary law used to address this type of wrongdoing.
- Securities and commodities violations: These are handled by agencies like the SEC and CFTC. Examples include insider trading, misrepresenting a company’s financial health, or bribery and kickbacks.
- Tax fraud: The IRS has a program for whistleblowers who report tax evasion and other forms of tax fraud that lead to a successful recovery.
What factors should I consider before pursuing a whistleblower claim?
Before you decide to move forward with a claim, it’s helpful to consider several legal and practical factors.
- Is there a specific whistleblower program that addresses the type of misconduct? Different laws apply to different harms, and there may not be a program for your specific situation.
- Can your information lead to a financial reward? Not all whistleblower programs have a reward feature, and understanding this can be important if a reward is your motivation.
- Is your information timely? Whistleblower laws often have strict “first-to-file” rules and statutes of limitations. If the information is old or someone else has already reported it, you may be disqualified from receiving a reward. These rules can be complex, and a lawyer can help you navigate them.
Ready to talk to a whistleblower lawyer? Your preparation checklist
Preparing for your first meeting with a lawyer will help them quickly evaluate your whistleblower case and give you the best advice. Use this checklist to get ready:
- Document everything. Write down a timeline of events, including specific dates, names of individuals involved, and what happened.
- Don’t talk to anyone else. Keep your information confidential. Telling others about your claim could jeopardize your case.
- Make a list of your questions. Think about what you want to know, such as how long a case might take or what the process involves.
The information you have is valuable, and you’ll need a professional whistleblower lawyer to help protect your rights, your job, and your potential claim. Our experts at Phillips & Cohen encourage you to take the next step and contact us for a confidential, no-cost consultation.
FAQs about Whistleblower Cases
What if a whistleblower was involved in the wrongdoing?
Participation in wrongdoing does not automatically disqualify someone from being a whistleblower, but it can impact eligibility and may reduce the amount of a potential award. This is a complex legal issue that should be discussed in a confidential consultation with an attorney.
How long does a whistleblower case take?
The timeline for a whistleblower case can vary widely, often taking several years, depending on the complexity of the investigation and whether litigation is involved.
Am I protected from retaliation by my employer?
Yes, most federal whistleblower programs provide strong legal protections against retaliation, making it illegal for an employer to demote, fire, or otherwise harass an employee for filing a claim.
What if I already reported the fraud internally or to another agency?
Your eligibility for a reward may be affected by the timing and method of your report. In many cases, it is critical to report directly to the correct federal agency, as certain rules and deadlines may apply. To protect your eligibility and preserve your rights, consult an experienced whistleblower attorney as soon as possible.