How Do You Know if You Have a Whistleblower Claim?

By Greg Kohn
Partner

The Cambridge Analytica whistleblower, who exposed the Facebook data mining of 87 million users, has brought the issue of whistleblowers into the national spotlight again. You may be wondering if some of the information you have about a company or individual would qualify for a whistleblower claim under the False Claims Act, Dodd-Frank, Act, or other industry-specific whistleblower law. The first step in determining whether you have a valid whistleblower claim is to consult with our New Jersey whistleblower attorneys.  

You could research the law yourself; however, the laws governing whistleblower claims can be complex. Instead of researching the matter yourself, you can take advantage of a free consultation with one of our New Jersey whistleblower attorneys to determine if you have a whistleblower claim. Our lawyers understand whistleblower laws and the required elements of a claim.

What Are the Elements of a Whistleblower Claim?

There are basic elements required in every whistleblower claim. Those required elements are:

  • Knowledge of fraud or wrongdoing. You must have knowledge of the commission of fraud or other wrongdoing by a company or individual. For example, do you know about insider trading, billing government agencies for services or products not provided, or fraud or wrongdoing that harms the public health and safety?
  • Specific and tangible evidence of fraud or wrongdoing. Suspicion of wrongdoing or fraud is not sufficient to file a whistleblower claim. You must have specific and concrete evidence of the wrongdoing. In some cases, if a person has enough specific details, tangible evidence may not be required to begin a whistleblower claim. If you know of wrongdoing, it is worth taking the time to consult with one of our New Jersey whistleblower attorneys to determine if you have sufficient evidence to begin a whistleblower claim.
  • New and unique evidence. Under most whistleblower laws, to be successful when filing a claim, you must have evidence and information that is unique and new that the government could not otherwise obtain. If the government can obtain the information from public sources, your whistleblower claim may be denied.
  • First to file. You must have been the first whistleblower to file a claim regarding the specific act of fraud or wrongdoing.  However, several whistleblowers may file a joint claim. In addition, if your evidence is unique and new, you may still have a valid whistleblower claim.
  • Statute of Limitations for whistleblower claims. The length of time you have to file a whistleblower claim varies depending on the type of claim being filed. Some claims have very short deadlines for filing. Therefore, it is best to consult our New Jersey whistleblower attorneys as soon as possible to discuss your claim.
  • Other specific requirements. Most of the whistleblower programs and laws have requirements that are specific to the program. An attorney can help you review the elements to ensure you meet all requirements for a whistleblower claim.

Call Our New Jersey Whistleblower Attorneys for a Free Consultation

If you believe you have evidence of fraud or other wrongdoing, call our office to discuss your options for filing a whistleblower claim with one of our New Jersey whistleblower attorneys.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.