Qui Tam • False Claims Act • Retaliation
Most People Don’t Think of Themselves as Potential Whistleblowers
We represent people in whistleblower actions. Very often, they are individuals who didn’t originally think of themselves as whistleblowers. But they did recognize that something wasn’t right: corners were being cut, invoices inflated, quality not up to contractual standards, self-dealing, taxes not being paid....
Contact our experienced whistleblower attorneys today at 646.290.7251 or Whistleblowers@PollockCohen.com to arrange a free, confidential consultation. We understand that blowing the whistle isn’t easy. It takes courage and bravery to do the right thing. We have the skills and experience to stand by you, preserve your anonymity, and protect your rights.
Whistleblower laws typically include what are known as qui tam provisions. This peculiar Latin phrase means that a private individual can initiate legal action on behalf of the defrauded government entity, and potentially enjoy a personal reward for uncovering and reporting the wrongdoing. Under the Federal False Claims Act (and various states’ similar laws,) private individuals can report suspected wrongdoing against the government, and the case remains “under seal” – confidential even to the defendant – while the government investigates the charges. Such whistleblower cases are filed through legal counsel. There are also a broad array of other whistleblower laws in addition to the False Claims Act. For example, whistleblower complaints may be submitted to certain federal agencies, including the SEC, CFTC, and IRS. In addition, we can report bank fraud under the FIRREA (Financial Institutions Reform, Recovery, and Enforcement Act) laws. Each of these avenues is a powerful tool for individuals to report fraud or corruption – and to participate in any financial recovery.
Typically, whistleblowers have been employees at the companies or organizations that have engaged in improper conduct. But more and more often, we are hearing from non-employees who have witnessed fraud or observed corporate misconduct. They have important insights that form the basis of an investigation and later a lawsuit.
Often, we meet clients who have seen or heard about some type of fraud and aren’t sure what to do. They know about – or suspect – securities fraud, tax fraud, procurement fraud, pharmaceutical drug fraud, Medicare/Medicaid fraud, and aren’t sure what to make of it. We do.
This area of litigation is complex and fraught with procedural minefields that can doom a prospective plaintiff if not handled properly from the outset. If you think you have information of wrong-doing that has defrauded the government, talk to us – sooner rather than later. We have years of successful experience in this very specialized area and can advise you thoughtfully and candidly.
Topics of some of our current and prior cases and investigations include:
Estate tax qui tam action relating to a doctor who falsely claimed to live in Florida – in order to avoid New York taxes.
Healthcare fraud qui tam action relating to various patient safety and fraudulent billing issues.
Medical device and billing fraud investigation.
Government contracting and construction fraud qui tam action.
Various other New York and Federal tax fraud qui tam actions and investigations.
Whistleblowers and the FCPA Under the Trump Administration, New York Law Journal, June 12, 2019
More Can Be Done To Encourage Tax Whistleblowers, Law360, Mar. 20, 2018
City Council vows to probe alleged $1B health insurer scam, New York Post, Feb. 27, 2018
City lawyer turns obscene medical debt into $1B whistleblower case, New York Post, Feb. 27, 2018
Suit Is Filed in NY's First Unsealed Qui Tam Estate Tax Case, New York Law Journal, Jan. 19, 2018
New York Pathologist's Estate Under Fire in First-Ever Unsealed Qui Tam Case, Tax Notes, Jan. 23, 2018
First Estate Tax Case Filed Under N.Y. Whistleblower Law, Bloomberg BNA, Jan. 25, 2018
Tax Nonfilers Face Potential Liability Under New York FCA, Law360, Dec. 20, 2017
Regulators, Whistleblowers And The Paradise Papers, Law360, Nov. 30, 2017
FCA Cases: Protect Claims by Relying on NY's Favorable Pleading Standard, New York Law Journal, Aug. 16, 2017
Using The New York FCA To Combat Offshore Tax Evasion, Law360, Apr. 14, 2015
We have investigated, researched, and filed qui tam cases arising under a broad swath of qui tam and whistleblower statutes. Contact us to talk about cases arising under the following laws:
Securities fraud: SEC whistleblower program, Dodd-Frank Act, 15 U.S.C. § 78u-6
Tax fraud: IRS whistleblower program, 26 U.S.C. § 7623(b)
Commodities trading fraud: CFTC whistleblower program, Dodd-Frank Act, 7 U.S.C. § 26
Bank fraud: FIRREA, 12 U.S.C. §§ 4201 et seq.
Car and truck safety and fraud: Motor Vehicle Safety Whistleblower Act, 49 U.S.C. § 30172
Strict laws are in place to protect whistleblower confidentiality and protect whistleblowers from workplace retaliation. We have also investigated, researched, and filed anti-retaliation cases arising under a wide range of laws. Contact us to talk about retaliation cases arising under the following laws:
Federal fraud: 31 U.S.C. § 3730(h)
Publicly-traded companies: The Sarbanes-Oxley Act, 18 U.S.C. § 1514A
Securities fraud reported to the SEC: Dodd-Frank, Dodd-Frank Act § 922(h)
Fraud under the “Obama Stimulus” of 2009: The American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 § 1553
Commercial vehicle safety: Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105
New York State and City
City employees: Local Law 33-12 (codified at NYC Administrative Code § 12-113)
State employees: Civil Service Law § 75-b(3)(c)
State fraud: False Claims Act, State Finance Law § 191
Health and safety: Labor Law § 740
Quality of patient care: Labor Law § 741
Non-profits: Not-For-Profit Corporation Law § 715-b
State fraud: New Jersey False Claims Act, N.J. Rev. Stat. § 2A:32C-10
Public Employees: 43 P.S. Labor § 1423