What You Should Know About Whistleblower Lawsuits

By Greg Kohn
Partner

5 Things You Should Know About Whistleblower Lawsuits

Making the decision to become a whistleblower is usually pretty difficult because it can come with a lot of risks. Shedding light on individuals or companies can reap big rewards in the form of attention or financial compensation, but it can also significantly affect your personal and working life.  This is where having an experienced whistleblower attorney on your side can be a significant advantage.

The 1863 False Claims Act gave people the right to sue on behalf of the government and accrue part of what was recovered. The original intention was to prevent people from profiting from the Civil War, but it still is a major component of government efforts today to fight against corruption and fraud.

Cases filed under the False Claims Act give whistleblowers protection against retaliation from other people or employers. These types of cases are known as qui tam cases, and those actually filing the lawsuits are referred to as a realtor.

Taking the step to become a whistleblower and file a case is a big one. It is very important to work with an experienced attorney if you are thinking about a qui tam case, since the legal proceedings relating to a whistleblower lawsuit can be confusing. If you are thinking about becoming a whistleblower, here are five things to understand about a lawsuit.

What Should I Know About Whistleblower Lawsuits?

  • You Must File Quickly: Many qui tam cases have a first to file rule, which means just the first whistleblower is eligible for a reward if they blow the whistle on fraud against the government. It is important to start the filing process as soon as possible because you will want to make sure that a case is well-laid out with lots of convincing evidence.
  • Cases Usually Take a Long Time: Whistleblower lawsuits usually take a long time because the other side will spend a lot of effort on investigating your claims, especially if the case involves the government. Many lawsuits can span across many months or years even if the initial investigation is over because everyone will want to be very careful and deliberate with their proceedings.
  • Evidence is Very Important: Any whistleblower lawsuit is going to need expensive evidence and documentation to back up claims. A case with little to no emails, reports, notes, records or other data is not going to get very far in court, especially if a big company or the federal government is involved.
  • The False Claims Act Has Provisions Against Disclosure: Those involved in a lawsuit must be very careful about what they say and do. The Act, and other legislation, places strict restrictions on acknowledging the existence of a suit without approval and during a government investigation.
  • Qui Tam Cases Have Been Very Successful: The vast majority of cases usually involve fraud related to healthcare services like Medicare and Medicaid. The government has recovered billions of dollars due to cases that have been filed.

Whistleblower lawsuits are very complex and precise affairs. Contact the New Jersey whistleblower lawyers at Nagel Rice, LLP today to find out your legal options regarding a qui tam action

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.