Getting Ready to Blow the Whistle?
Before you report suspected fraud or other wrongdoing – before you “blow the whistle” – it is important to make sure you have a valid claim and that you are prepared for what lies ahead. Here are some things to consider:
A whistleblower has to have first-hand knowledge of the fraud or other wrongdoing in order to file a claim. It is important to have physical evidence such as documents, emails, invoices, billing statements or other materials that support your allegations. These materials must be things the whistleblower collected from the employer, organization or entity. They cannot be public records, or information from another source.
Identify the “who, what, when and where” of the fraud. Organize your information and, if possible, create a timeline for the fraudulent conduct. You will be required to explain why the conduct is fraudulent. As an employee familiar with your company’s procedures, and industry standards for those procedures, you are uniquely qualified to spot fraud, where others may miss it or assume it is a standard business practice.
In order to file a federal False Claims Act, the fraud must be against the U.S. Government. You may file a state False Claims Act, provided your state has one, if state funds are affected by the fraud. (For a list of states and their FCAs, visit our states FCA page.
If you are a government employee who witnesses fraud against the government, you may need to first make an effort to report the fraud through channels within your agency before filing a whistleblower lawsuit. Talk to an attorney to determine if you should take this course.
Talk to a lawyer
A whistleblower lawyer will be able to help you navigate a potential claim, and guide you through what is often a long process. Although your information will initially be kept confidential, you will eventually be identified as the whistleblower. Your lawyer can help you obtain whistleblower protections available under the False Claims Act.
The fraud must have been committed willingly and deliberately. Mismanagement is not a cause for a whistleblower claim.
If you feel you have a claim, our attorneys would like to talk to you. You may be entitled to compensation. Contact us today for a free, CONFIDENTIAL, no-obligation legal consultation by using our quick contact form or by phone at 800-898-2034.
Beasley Allen has a talented team of attorneys dedicated to pursing whistleblower cases. We would like to meet with you CONFIDENTIALLY to review your potential whistleblower claim.
For even more information about whistleblower lawsuits, visit our whistleblowers page.
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