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Mitchell Pollack & Associates PLLC

Whistleblowers can stop fraud against the government

| Oct 18, 2020 | Employment Law for Employees |

Some of the largest employers in the country have offices in Westchester County, New York. Whether you work for a technology, pharmaceuticals or credit company, you can file a lawsuit if you find the organization you work for commits fraud against the government. We often represent clients who file qui tam cases.

According to the National Whistleblower Center, a whistleblower is someone who reports wrongdoing such as abuse, corruption, fraud, waste or dangers to public health and safety to a person who can correct the wrongdoing.

Whistleblower protections

Qui tam cases are those brought by citizens against an organization that has allegedly committed fraud against the government. The False Claims Act is one of the strongest protection laws in the U.S for whistleblowers. It enables you to file a lawsuit alleging fraud on behalf of the government. You may or may not be an employee of the organization allegedly committing the fraud. This legislation, as well as Frank-Dodd, Sarbanes-Oxley and other statutes contain provisions protecting whistleblowers from retaliation by the organization.

Qui tam cases

Fraud against the government comes in many forms. Kickback cases include bribes, discounts and other unlawful acts that include payments intended to induce business from the federal or state government. This could encompass Medicare and Medicaid-related services, payments to nursing homes, and different medical facilities that encourage purchases of specific types of drugs. Other situations that may also qualify as a whistleblower case include the following:

  • Defense contracting
  • Off-label marketing
  • Best price
  • Medical provider billing
  • Financial fraud
  • Manufacturing/Trade Agreement Act

Whistleblower requirements are complex and might require substantial time for research and collection of evidence. The government investigates the situation upon receiving your allegations. If the case is viable and successfully prosecuted, your reward could be up to 30% of the recovered damages.