The Law Offices of Chaikin and Sherman, P.C.
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Whistleblower Cases
Maryland, Virginia, and Washington, D.C.
Most people don't like to pay taxes. One thing that makes taxpayers angry is when they pay hard-earned money in taxes, only to learn that a portion of that money has been taken in fraud. Fraud against the government is fraud against all of us. Have you ever heard about some major fraud and wished there was something you could do to stop it? There is. The False Claims Act allows any person who knows about fraud committed against the government to bring a lawsuit on behalf of the government, known as a "Whistleblower" or "Qui Tam" Lawsuit, and if the lawsuit is successful be paid a significant portion of the funds recovered, even if that is millions of dollars.
Do you know that a present or former employer has conducted fraud against the government? If so, schedule a consultation with Chaikin, Sherman, Cammarata, & Siegel. P.C. to discuss a potential lawsuit.
What Is Fraud?
The False Claims Act (31 U.S.C. §§ 3729-3733) covers many types of fraud, including:
- Making false statements for the purpose of receiving payment
- Making records to back up false statements
- Taking money or property intended for the government
- Delivering a receipt for the use of government property or money without knowing the receipt to be accurate
- Purchasing government property from someone not authorized to sell it
- Conspiring to commit any of the acts above
Who Can Bring a Fraud Case?
The False Claims Act allows for "a person" to bring action on behalf of the government. Since you will be expected to prove your claim in court, it is recommended that whistleblowers only pursue this type of action if you have, can produce, or know of evidence that can prove your claim. Employees often bring this kind of action because they are in an ideal position to witness fraud.
What the False Claims Act Guarantees You
The False Claims Act contains several specific guarantees to a whistleblower. First, it guarantees confidentiality, since the complaint is filed under seal and remains under seal for at least 60 days. Second, it protects you from retaliation by your employer. If you are threatened, harassed, discharged, suspended, or demoted in response to your whistleblower lawsuit, you are entitled to "all relief necessary" to make you "whole," which may include reinstatement at a former position, up to 2 times back pay, and damages.
In addition, the False Claims Act states that the whistleblower in a False Claims Act case will be awarded between 15-25% of the amount recovered by the Federal Government if the Federal Government accepts the case. There is no upper limit to this award. Recent whistleblower cases have recovered hundreds of millions of dollars for the government per case, leading to tens of millions of dollars in awards to individual whistleblowers.
Now More than Ever
With the Troubled Asset Relief Program (TARP) bank bailout and the American Recovery and Reinvestment Act (ARRA, commonly known as the 2009 Stimulus Act), the US Government committed to the largest payouts to private companies in US History. The rationale is that all US citizens would ultimately benefit, but fraud can diminish our gains from these payments.
According to fraud experts, about 7% of the over $10 trillion ARRA, $700 billion, may be lost due to fraud. We owe it to ourselves to look out for fraud and make sure that as much as possible is recovered.
From Naval maintenance operations to genetic research, numerous projects in Maryland, Virginia, and Washington, D.C. are funded by government money. If you are aware of any fraud being committed against the US Government, we can help you file a whistleblower lawsuit to stop the fraud. Please call or email Washington, D.C. area personal injury attorneys Chaikin, Sherman, Cammarata, & Siegel, P.C. today to discuss a possible action.
