Under the federal False Claims Act, whistleblowers can initiate actions on behalf of the government to recover monies that have been paid fraudulently. Although whistleblowers can initiate these actions, the federal government then takes the reins and carries out an investigation to see if it will be interested in the matter. After investigating, the federal government decides if it wants to intervene in the action, going forward to either settle or litigate the case. Alternatively, the government can determine that it will not proceed with the action, allowing the whistleblower via legal representation to take the case going forward.
In cases where the government does intervene, it is a settled point of law that the government can move to have a case dismissed. In cases where the government does not intervene, it is not a settled matter if the government can later intervene with the sole purpose of having the case dismissed.
The U.S. Supreme Court recently granted certiorari in a case titled U.S. ex rel. Polansky v. Executive Health Resources, Inc. The U.S Supreme Court will have the opportunity of deciding if once the federal government decides to not intervene in a whistleblower case, if it can later intervene with the sole purpose of having the case dismissed. The outcome of this case is highly anticipated, given the consequences it will have for whistleblower cases in the future.
Do you have a valid claim?
If you witnessed any widespread suspicious activity within your workplace, you might have a chance of becoming a whistleblower by reporting an ongoing fraudulent scheme. However, to increase your chances of success, you must be sure to back up your claim with substantial evidence or privileged information.
A Quick Whistleblower Checklist
Is the fraudulent scheme widespread enough?
Has the fraud been perpetuated for years or involves large sums of money?
Do you possess any physical evidence of the fraud (documents, forged signatures)?
Do you have access to privileged information which may help our investigators?
Do you work as an insider within the company perpetrating the fraud?
Did you witness any ongoing illegal behavior within your workplace?
Have you been forced into taking part in any suspicious corporate activity?
