What Whistleblowing means?
A whistleblower is an employee that reports an employer’s misconduct. There are laws that protect whistleblowers from being fired or mistreated for reporting misconduct. One of these laws is the Whistleblower Protection Act.
Have you been fired or retaliated against for whistleblowing?
We can help guide you through the whistleblowing process; whether it’s representing you through an SEC Anonymous Whistleblower Claim or representing you in a Qui Tam matter, the Derek Smith Law Group will be your biggest advocate and support system.
Stepping forward is never easy, but it is easier once an employee knows that the law is on their side. Whistleblowers who have already experienced various forms of retaliation—such as termination, demotions, withholding of pay, lack of advancement, and threats of legal action—should contact an employment attorney right away to learn more about their rights.
Our whistleblower’s practice relies on one key element: brave employees coming forward to blow the whistle on fraudulent practices. Blowing the whistle takes courage. It takes a sense of justice and a keen sense of right v. wrong. All of our whistle-blowing clients share the same passion for justice as the attorneys at the Derek Smith Law Group. We look to team up with whistleblowers who understand that their case can save the government money, protect individuals from future harm, and help better corporate citizens.
And, unlike many law firms, we actually litigate. We love to litigate claims in front of a jury. What does this mean for you, as a client? It means will not look for a quick, easy settlement. And, as always, our clients pay us nothing unless we win. We will advocate for you until we can secure the best possible outcome.
Whistleblower: QUI TAM / False Claims Act
If you know of a fraud being committed against the Federal Government, call the Derek Smith Law Group, PLLC, immediately. In recent years, the Federal Government has fallen victim to billions of dollars in fraud, typically seen in areas involving the health care industry, the financial industry, the pharmaceutical industry, environmental regulation, grant recipients, nonrenewable resources (such as oil, gas, and mining), and insistences involving military government contractors. To rectify this fraud, individuals with information pertaining to fraud may bring “Qui Tam” actions against private companies committing such frauds.
“Qui Tam” is short for, “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” meaning “[he] who sues in this matter for the king as well as for himself.” When Qui Tam plaintiffs bring a “Qui Tam” claim, they are essentially bringing a claim on behalf of the Federal Government – and, in turn, they are righting a fraud perpetrated against the Federal Government. The reward to the Qui Tam whistleblower is normally between 15% and 25% of the amount recovered, which can be substantial.
Similarly, employers can bring claims against private companies, on behalf of the federal government, via the False Claims Act. The False Claims Act, also known as “Lincoln’s Law,” was established in the wake of massive fraud committed against the federal government in the post-Civil War, reconstruction era.
Since the revival of the False Claims Act by the 1986 Amendments, the Federal government has aggressively pursued criminal, civil, and administrative actions against those who embezzle money from the federal government. Since there is no shortage of corrupt contractors working on behalf of the United States, the government and regulators have been busy and sometimes need to rely upon individuals for information.
If you have information pertaining to a fraud against the Federal Government, you could re-coop a significant amount of money. Call the Derek Smith Law Group, PLLC immediately to see if you could potentially recover significant money as a Qui Tam or False Claims Act whistleblower. However, to secure the protections available and rewards as a Qui Tam or False Claims Act whistleblower, a qualified person reporting such misconduct must be followed with specific requirements under such laws, this includes filing the disclosure with designated organizations and within specified timeframes. Otherwise, if a Qui Tam or False Claims Act whistleblower does not abide by the statutory requirements, the whistleblower may lose the opportunity for compensation and protection under the law.
Whistleblower under: SEC / CFTC Whistleblower
If you have information on securities fraud or other wrongdoing in violation of Securities Exchange Commission (SEC) regulations, please call the Derek Smith Law Group, PLLC, immediately. As stated on the SEC website:
Assistance and information from a whistleblower who knows of possible securities law violations can be among the most powerful weapons in the law enforcement arsenal of the Securities and Exchange Commission. Through their knowledge of the circumstances and individuals involved, whistleblowers can help the Commission identify possible fraud and other violations much earlier than might otherwise have been possible. That allows the Commission to minimize the harm to investors, better preserve the integrity of the United States’ capital markets, and more swiftly hold accountable those responsible for unlawful conduct. The Commission is authorized by Congress to provide monetary awards to eligible individuals who come forward with high-quality original information that leads to a Commission enforcement action in which over $1,000,000 in sanctions is ordered. The range for awards is between 10% and 30% of the money collected.
As defined by the SEC, an “eligible whistleblower” is a person who voluntarily provides the SEC with original information about a probable violation of the federal securities laws that has either occurred, is ongoing, or is about to occur. Such original information provided by the SEC whistleblower must then lead result in a successful SEC action resulting in an order of monetary sanctions exceeding $1 million.
Moreover, one or several individuals in a group are allowed to act as a SEC whistleblower, however organizations or companies do not qualify. Additionally, it is not a prerequisite that the SEC whistleblower is an employee of the company to submit information about a company’s probable violation, and as a whistleblower, you can remain anonymous throughout the SEC investigation.