Whistleblower False Claims Act

Many different legal disciplines are touched upon in whistleblower law, depending on who the perpetrator is and what your relationship is to them, as well as what they have done, and who it has affected. Ms. Saba is well-versed in the surrounding law and highly capable of handling many different types of whistleblowing scenarios. She can help you through the process from start to finish, including making sure your testimony gets heard by the right people, defending you from potential attacks, and in some cases, assisting you in claiming rewards or filing additional suits for the recovery of damages.

Under a piece of legislation called the False Claims Act, in cases where a whistleblower testifies to actions that defrauded the government, they may be entitled to a portion of the recovered funds. Many of these cases deal with huge financial contracts, which can lead to very significant potential payouts. As an example, in 2010, a whistleblower employed at a major drug company was granted a $96 million reward.

Though it is highly unlikely you decided to become a whistleblower for financial reasons, and though your case is about more than just money, if you are entitled to any reward, Attorney Saba will make sure you are able to claim it in full.

Whistleblower Cases

At the Law Office of Sara J. Saba, P.A., we represent employees and former employees who expose fraud, schemes, misconduct, and violations of SEC rules and regulations. Our expert lawyers guide our clients through SEC rewards, awards, and bounties programs and bring aggressive litigation in anti-retaliation actions.

If a whistleblower prevails in an anti-retaliation action under the FCA, they may recover the reinstatement of their position, double back pay plus interest, and special damages, which include litigation costs, reasonable attorney’s fees, emotional distress, and other noneconomic harm from the retaliation under 31 U.S.C. § 3730(h)(2).

What type of whistleblower cases does your firm typically handle?

In addition to whistleblower claims under the State False Claims Acts, we have filed qui tam lawsuits under the U.S. False Claims Act. We represent clients in whistleblower rewards, awards, and bounties programs. We’ve also protected clients in claims involving healthcare (Medicare, Medicaid, TRICARE) fraud reporting, military defense contract fraud, financial services fraud (banks, mortgage companies, servicers), pharmaceutical company malfeasance, and IRS fraud.

Finally, when corporations or employers violate federal securities laws, we bring Securities Exchange Commission (SEC) claims against them.

What are some of the most common forms of whistleblower SEC fraud cases your firm handles?

• When it comes to SEC fraud, we’ve handled the following:
• Ponzi schemes, pyramid schemes, and high-yield investment programs
• Theft or misappropriation of funds or securities
• Manipulation of a security’s price or volume
• Insider trading
• Fraudulent or unregistered securities offering
• False or misleading statements about a company (including false or misleading SEC reports or financial statements)
• Abusive naked short selling
• Bribery of foreign officials
• Fraudulent conduct associated with municipal securities transactions or public pension plans
• Initial coin offerings and cryptocurrencies
• Other fraudulent conduct involving securities

What constitutes a whistleblower complaint?

Under the whistleblower reward laws, a whistleblower claim is a formal submission or complaint that exposes and describes certain types of alleged fraud or misconduct. There are different types of whistleblower claims depending on the area of fraud. If you have the right kind of information about a fraud or misconduct under an applicable whistleblower reward program, you may have a whistleblower case.

If I report fraud or other illegal activity at my place of business, am I protected from being fired or facing retaliation?

The risk of retaliation against whistleblowers is very real. Employees who have reported misconduct have been unfairly fired, transferred, demoted, or suffered other forms of mistreatment. Even those who were never or are no longer employees of the target company may face some form of estrangement, alienation, or even blacklisting.

However, many federal and state whistleblower laws have anti-retaliation provisions to prevent and punish such retaliation. These provisions are intended to protect whistleblowers from being fired or demoted or in any way discriminated against in the terms or conditions of their employment in retaliation for bringing a whistleblower claim. Even when there is not a specific law to protect whistleblowing in your field, you might still have ground—under a theory called “wrongful termination in violation of public policy”—to sue for wrongful termination if your employer fires you for reporting illegal conduct or for refusing to engage in any illegal activities.

 Is whistleblowing confidential?

At the Law Office of Sara J. Saba, P.A., we undergo a confidential case evaluation process with each potential client. If you believe you have a whistleblower claim, our expert lawyers will discuss your potential claim with you and review the evidence you have to determine whether future legal action would be appropriate.

We do not charge for this case evaluation. By law, the evaluation is privileged, even though we may never enter into an attorney-client relationship, and we will not share your information or otherwise use it for any purpose without your permission. You are under no obligation to hire our firm to represent you in your whistleblower claim. In fact, we encourage you to speak with other lawyers. By evaluating your case, we are not agreeing to serve as your lawyers, nor are you agreeing to hire us. If we agree to represent you and you agree to hire us, we will enter into a formal written retainer agreement.

We understand the unique concerns our clients have about confidentiality. For that reason, we ensure that all communications with us and your identity are secure. If you have particular concerns about how best to provide us with the evidence you have, you may call us to discuss appropriate procedures.

Are whistleblowers protected under the False Claims Act?

The False Claims Act (FCA) protects whistleblowers (including employees, contractors, partners and agents) against retaliation in the form of being fired, demoted, suspended, threatened, harassed, or discriminated against. The FCA covers whistleblowers who disclose fraud that has resulted in financial loss to the federal government. It also extends to physicians with staff privileges at a hospital. FCA retaliation plaintiffs can potentially recover substantial damages as there is no cap on compensatory damages.

Is it hard to prove retaliation in a whistleblower case?

The whistleblower must prove three things. First, that they engaged in activity protected by the FCA. Second, that their employer took some form of adverse employment action against them. And lastly, that the adverse employment action was taken because of the whistleblower’s protected activity.

The law requires plaintiffs to show proof of “but-for” causation, meaning the negative employment action (i.e., the person being fired, suspended, or discriminated against) would not have occurred but-for the action taken. In other words, the protected activity and the negative employment action are somehow related in a way that can be shown to the court.

Is there a time limit on whistleblowing?

A whistleblower taking action under the qui tam provision of the False Claims Act must file their lawsuit within six years from the date of the violation or three years after the appropriate federal official was notified of the activity.

The statute of limitations for FCA retaliation claims is three years from the date on which the retaliation occurred. FCA retaliation claims can be brought directly in federal court.

Each whistleblower program is different. That is why it’s imperative to speak to our lawyer in order to evaluate your claim and determine the time period you have to bring the original information forward in order to be eligible for an award. For example, the SEC recently amended the Exchange Act Rule 21F-9, in December 2020, that complaints must be within 30 days of first providing the information that is relied upon to form the basis for a claim, 30 days of first obtaining actual or constructive notice about those requirements, or 30 days from the date the whistleblower retains counsel in connection with the submission of original information—whichever occurs first.

If I suspect fraud or other illegal activities in my place of business, what can I do?

Each whistleblower claim is different; therefore, it is best to seek advice from an experienced whistleblower attorney early on to guide you through each step in accordance with state laws.

Meanwhile, do not speak to anyone about what you have seen. Whistleblowers must have original information and be the first to file. Do not call the government agency hotlines directly; doing so will make you ineligible to receive an award. We can help guide you through other measures you will want to take into consideration.

 Should I report fraud within my office to my manager or to law enforcement before speaking to an attorney?

It’s advisable to consult with an attorney first. Some Florida laws require employees to bring the activity in question to the attention of their supervisor before contacting an attorney and then provide the employer with a reasonable amount of time to correct the activity. However, this disclosure would not be required in cases where you have reason to believe the activity is known to your supervisor or you fear physical harm as a result of your disclosure. Again, your lawyer can advise you on when, if ever, to safely disclose your information to your employer.

It’s the job of your counsel to protect your rights as a whistleblower and ensure that your case is successful. You and your lawyer are partners in this process. That means that your lawyer will sometimes need to ask you tough questions or give advice before you expose any wrongdoing to managers or law enforcement. Listening to your counsel’s expert advice will make the process as positive and successful as possible.

If I was unknowingly involved in fraud occurring in my office, what should I do, in addition to reporting the fraud, to protect myself?

In our confidential case evaluation process, our lawyers will discuss your potential exposures for bringing claims. There is no charge for this case evaluation and no obligation on your part. In fact, we encourage you to speak with other lawyers. By law, the evaluation is privileged, even though we may never enter into an attorney-client relationship, and we will not share your information or otherwise use it for any purpose without your permission.

We understand the unique concerns our clients have about confidentiality, and we will ensure that your communications with us and your identity are secure. If you have particular concerns about how best to provide us with the evidence you have, you may call us to discuss appropriate procedures.

What information should I provide my Florida whistleblower attorney if I believe I have a case?

Each case is different. Our advice is to contact our office so that we can guide you through gathering the most appropriate information for your particular case. We will go over the elements of proving your case and what, if anything, you may legally obtain. Our experience handling matters of utmost importance and discretion can help you safeguard potential evidence needed to prove the case.

Generally, government agencies will conduct the most successful investigations when you provide as much information as possible about the allegation and those involved. The more you tell us, the better chance we have of determining whether an investigation can be pursued. Before you begin, make sure you have the following information available:

• The name and contact information of the individual or business related to your complaint. This includes, if available, addresses, telephone numbers, email addresses, etc.
• A narrative explaining the nature, scope, and time frame of the activity in question, plus how you came to learn about it.
• The name and contact information of any individual who can help corroborate the information you are reporting.
• Supporting evidence in electronic format that can be uploaded with your report. This may include email communications, documents, billing records, or photographs.

What are the proper steps to report fraud or other illegal activity happening in my workplace?

These are the essential steps necessary to maximize your cash reward, ensure your protection from retaliation, and boost your whistleblower claim’s chances of success from the very start.

First, it’s critical to report early to our whistleblower attorney. Time is of the essence, and most awards are based on the first person to file a claim. Reporting early will also protect your rights to a retaliation claim and your role as whistleblower.

During this time, keep quiet and do not discuss your case with anyone except for your lawyer until the time is right. Some whistleblower statutes include a public disclosure bar, which means your information must not already be public knowledge. By telling someone else, you threaten both your claim and your eligibility for an award. In addition, depending on the type of claim, many courts have a judge-issued sealing order. A confidentiality breach could lead to you being sanctioned (conceivably jailed, fined, or given another penalty) and your claim dismissed.

To further maintain your privacy, you should use only your personal email, rather than your company email, which would leave you vulnerable to having your activity monitored.

In order to file a successful whistleblower claim, your case must be built upon facts, not speculation or rumor. You should have a detailed timeline of events, evidence of intent to defraud the government (meaning it was done knowingly to gain financial benefit), and an estimation of the monetary damages as a result of the fraudulent actions. Keep copies of any supporting documents and collect the names of potential witnesses.

Expect to lose access to your computer, email account, and records should your organization suspect you of potential whistleblower activity. You should, therefore, not only gather your supporting documents quickly, but also store them in a personal location, perhaps even with a backup copy in a secondary location.

At work, behave naturally and continue with your work to the best of your ability, keeping in mind that coworkers or superiors may have been instructed to observe you if you’re under suspicion.

Can I violate the law in my efforts to collect evidence?

If you’re found to have violated any laws during your collection of evidence, your whistleblower case could be dismissed by the court and your protective rights forfeited. In the worst-case scenario, you could face criminal prosecution as a result.

It’s important to speak with a qualified lawyer about the evidence you have gathered and your collection methods to determine whether you engaged in any illegal activity that could jeopardize your case. Follow your legal counsel’s advice at all times to promote the success of your case.

What might happen if my identity as the whistleblower becomes known?

Some whistleblowers are able to remain anonymous throughout the entire process. Nevertheless, you should prepare for the eventuality that your status as the whistleblower will be made known at any moment, possibly with little to no warning.

It’s important to note that whistleblowers who are uncovered often face consequences that can be life-changing and serious. You should go into your case fully aware of the potential repercussions for your wellbeing, your career, and your family. Depending on the case, you may get attention from the media. Expect coworkers to treat you differently. You may face harassment or suspension or be fired from your job in retaliation, despite the laws in place to protect you. Your lawyer can help prepare you in advance for potential blowback.

Can my employer prevent me from collecting whistleblower benefits?

If your employer becomes aware of your whistleblower status, they might try to force you into signing a severance plan that excludes you from being eligible to receive an award. While they cannot prevent you from filing a claim, they might attempt to stop you from collecting the benefits that you’re entitled to under Florida law. The best way to protect your rights is to consult with your attorney before signing any documents.

What if my employer offers me “hush money”?

It’s not unheard of for an employer to offer bribes or pay offs to employees suspected of being whistleblowers. To accept such an offer would ruin your chances of receiving a whistleblower reward, which, again, can be extremely lucrative. You’d also lose legal protection. If your employer makes an offer to buy your silence, document the interaction and report it to your legal counsel as soon as possible.

While it may seem tempting to take a quick pay off rather than undergo lengthy civil litigation, keep in mind that following through with your whistleblowing case can come with well-deserved rewards. By reporting corporate wrongdoing, you are helping the state or federal government recover taxpayer dollars that would have otherwise been lost to fraud.

What are some reasons that people do not come forward to report fraud or other illegal activity in the workplace?

The first, and perhaps most obvious reason, is the fear of repercussions. Employees who have witnessed inappropriate, illegal, or unethical behavior in the workplace often fear job loss, demotion, loss of a raise or a promotion, reduction in hours or pay, or transfer to another location or job reassignment.

Additionally, employees may fear being treated differently by coworkers and supervisors for not being a “team player”. Whistleblowers are often excluded from meetings, projects, and social events. Those working in smaller industries might fear jeopardizing future job opportunities.

Some potential whistleblowers worry that they might have misinterpreted behaviors, particularly when it comes to sexual harassment cases. Victims can be embarrassed, uncomfortable, or ashamed to speak about harassment or bullying to HR or management. Others worry they won’t be believed. Female victims often fear being labeled as “hysterical” or “difficult” for making reports. Some witnesses might feel they should have done more to stop the behavior, while others choose to ignore it and avoid the person in question.

Finally, if the incident in question involved any form of trauma for the witness, making a report would mean reliving the trauma. The person might choose to avoid difficult emotions, rather than undergo the entire process of interrogation and investigation.