Getting the Government on Your Side as a Whistleblower

A whistleblower is a person who brings to light information that uncovers fraud, criminal activity or other wrongdoing. Whistleblower claims are the legal avenue which whistleblowers take to report this fraud. Many of the individuals who file these claims do so on behalf of the government, meaning that they are coming forward with information about fraud that drains taxpayer money.

Qui tam suits, which are whistleblower claims filed on behalf of the government, are filed under what is known as the False Claims Act, a law that was enacted in 1863 to encourage people to come forward with important information that uncovers wrongdoing against the government. Rewards are offered to whistleblowers in the form of a percentage of the amount recovered by the government, providing whistleblowers incentives for stepping forward.

Why the Government Intervenes
When a complaint is filed by a whistleblower (referred to as the relator) and their attorney, the Justice Department investigates the allegations and determines if there is ample evidence to warrant action by the government. When there is clear evidence that fraud has occurred, it is in the government’s best interest to pursue the whistleblower's claim since it will potentially lead to a substantial recovery and the ending of fraud which is costing taxpayers a significant sum of money.

Before Intervention
Based upon the evidence provided by the relator and their attorney, the U.S. Attorney's Office or an attorney with the Justice Department will conduct an investigation of the allegations set forth. These investigations might incorporate the assistance of other agencies, such as the Federal Bureau of Investigation or the U.S. Attorney's Office of the state involved in the case. According to the Department of Justice, some of the techniques used in the investigation include “subpoenas for documents or electronic records, witness interviews, compelled oral testimony from one or more individuals or organizations, and consultations with experts.”

Governmental Intervention Is Good for Your Claim
Having the power of the government on your side is important for a number of reasons. First, the government will have many resources that would not otherwise be available to a whistleblower.

If the government does decide to intervene in the case, the matter is substantially handed over to the authorities and your role gives way to the Justice Department’s investigation. The department may or may not utilize all of the allegations you made. It will make its own list of allegations against the fraudulent party.

How Often Does Government Intervention Occur?
The Justice Department says that it intervenes in approximately 25 percent of qui tam suits. This statistic means that the government is relatively selective in the cases they become involved in. For this reason, it is important that a whistleblower provide the best and most thorough evidence possible. There are certainly options available to whistleblowers should the government decide not to intervene, but getting the attention of the government will be a huge benefit to your cause. When choosing an attorney, make sure you choose counsel that has experience in preparing a claim that garners the attention of the government and will be more likely to warrant intervention.

The Importance of Being First
An important component of the False Claims Act is what is known as the “First-to-File” provision. This policy states that in order for a claim to be considered for government intervention, it must be original and not simply a repeat of another qui tam suit. The purpose behind the first-to-file provision is to encourage whistleblowers to come forward as soon as possible, to reduce redundant actions within the Justice Department and, perhaps most importantly, to reduce the number of claims which seek to piggyback on other claims in order to seek an award.

What Are Your Options If the Government Doesn’t Intervene?
Even if the government decides not to intervene in a relator’s case, this does not mean that there are no other options. Many cases are being filed without the intervention of the government. In these cases, it is up to the relator and their attorney to file the suit in the courts on behalf of the government. It can be more challenging to pursue these cases without government intervention, but is by no means an impossibility.

As the Justice Department makes clear, they do not take intervention in a qui tam suit lightly. This is also obvious in the fact that roughly three-quarters of these claims do not see the intervention of the government. It is up to the relator and their attorney to build a case that is relevant enough in the evidence and documentation provided to warrant the attention of the authorities. It is not an absolute that government intervention makes or break the success of a whistleblower’s case, but it certainly makes the process easier for that whistleblower.

There are very specific rules and requirements for potential whistleblowers when filing a complaint in the Courts. Going about the process requires the services of someone familiar with the process who will also be knowledgeable about the criteria used by the authorities to decide whether or not they will intervene.

Whistleblowers play a vital role in our country and save taxpayers billions of dollars in fraud prevention. Though the Justice Department is discerning, they are also open to valid and verifiable claims about all types of fraud against the government, provided that those claims are made properly.