Oregon Attorney for Whistleblowers, Class Actions, and Complex Litigation

Whistleblowers have substantial protections such as:

• Confidentiality: Qui tam complaints are typically filed under seal, meaning they are kept confidential initially. This allows the government to investigate the allegations without the defendant knowing about the case. It provides relators with protection against retaliation while the case is under investigation.
• Anti-Retaliation Provisions: Over a dozen laws, such as the False Claims Act, Dodd Frank Act, and Internal Revenue Act contain provisions that prohibit employers from retaliating against employees who report fraud. If a relator faces retaliation such as termination, demotion, harassment, or threats, they may have legal recourse to seek remedies, including reinstatement, back pay, and compensatory damages.
• Whistleblower Rewards: Qui tam relators may be eligible to receive a percentage of the recovered funds as a reward or whistleblower bounty. This serves as an incentive for individuals to come forward and report fraud, as they can potentially receive a substantial financial award if the case is successful.
• Job Protection: Relators may have job protection, meaning they cannot be fired or face adverse employment actions solely based on their participation in the qui tam case. These protections help ensure that individuals who expose fraud are not unfairly penalized by their employers.
• Legal Representation: Relators have the right to seek legal representation to guide them through the legal process and protect their interests. Attorneys experienced in qui tam cases can help whistleblowers understand their rights, assist in filing the complaint, and advocate for their protection throughout the legal proceedings.

In a qui tam case, the amount a relator can recover depends on several factors, including whether the government intervenes and the total amount recovered in the case. Generally:

If the Government Intervenes

The relator can receive between 15-25% of the total recovery, including any settlements or judgments. The exact percentage depends on the relator’s contribution to the case and other relevant factors.

If the Government Does Not Intervene

The relator is entitled to a higher percentage, typically between 25-30% of the total recovery. This reflects the additional risk and effort required to pursue the case independently.

The total recovery amount includes damages, fines, and penalties, which can be substantial, especially in large fraud cases. Additionally, the relator may also be entitled to reimbursement for reasonable expenses, attorney’s fees, and costs incurred in bringing the action.

Procedures vary across different whistleblower programs. For instance, under the federal False Claims Act and similar state laws, whistleblowers are required to file a qui tam complaint in court and submit a detailed “Disclosure Statement” outlining the alleged misconduct to the government. In contrast, under the SEC and CFTC Whistleblower Reward Programs established by the Dodd-Frank Act, whistleblowers must complete a whistleblower form summarizing the fraud or misconduct instead of filing a formal court complaint. Similar procedures apply to IRS whistleblower submissions and those under the Motor Vehicle Safety Whistleblower Act.

Following the filing of these claims, typically, you and your whistleblower attorney will meet with the relevant government agency to discuss your allegations face-to-face. These initial meetings, often attended solely by the government and your legal counsel, are crucial opportunities to present your evidence and legal arguments in a clear and compelling manner. The government typically has limited time and resources available for handling fraud or misconduct cases, so the outcomes of these early discussions often shape the future direction of your case.

Choosing a lawyer for a qui tam case is a critical decision, as these cases can be complex and challenging. Here are some steps and tips to help you find the right lawyer:

Specialization in Qui Tam/Whistleblower Cases: Look for a lawyer or law firm with experience and a proven track record in handling qui tam cases under the False Claims Act (FCA). This specialization is crucial as qui tam cases require specific legal expertise.

Experience with Government Agencies: Find out if the lawyer has experience dealing with the Department of Justice (DOJ) and other relevant government agencies. Successful qui tam cases often involve significant interaction with these entities.

Professional Associations: Membership in professional associations such as the The Anti-Fraud Coalition (TAF) or the National Whistleblower Center can be a good indicator of a lawyer’s commitment to this area of law.

Initial Consultation: Many lawyers offer a free initial consultation. Use this opportunity to discuss your case, ask questions, and gauge the lawyer’s expertise and interest in your case.

Reputation and References: Research the lawyer’s reputation. Look for reviews, testimonials, and references from previous clients. You can check online reviews, legal directories, and professional associations.

Resources and Team: Determine if the lawyer has the necessary resources and a team to support a complex and potentially lengthy qui tam litigation process.

Fee Structure: Discuss the lawyer’s fee structure. Qui tam lawyers typically work on a contingency fee basis, meaning they only get paid if you win the case. Ensure you understand their fee percentage and any other potential costs.

Comfort and Communication: Choose a lawyer you feel comfortable with and who communicates clearly. The lawyer should be someone you trust and feel confident will represent your interests effectively.

Conflict of Interest: Ensure the lawyer does not have any conflicts of interest that might affect their ability to represent you impartially.

It means that the fraudster or defendant will not learn of the case while the government investigates.  The case is sealed so it does not become public. This gives the government the chance to investigate the complaint and determine whether they want to intervene. Under the False Claims Act, complaints are sealed for an initial sixty days, but the government may, and often does, request that the time be extended, and extensions can last months or even years.  While the case is sealed, the whistleblower cannot talk about the lawsuit with anyone other than their lawyer and the government attorneys and agents assigned to the case.