Florida Whistleblower Lawyer
Thinking About Coming Forward? Discuss Your Next Steps with an Experienced Florida Whistleblower Attorney
Several federal laws include whistleblower protections, and many include provisions for whistleblower awards. The Florida False Claims Act includes similar provisions as well. If you are interested in serving as a whistleblower, our attorneys can help you make informed decisions and protect you if you decide to come forward.
Do you have a whistleblower case? If you have information about fraud, waste, abuse, or any other form of wrongdoing, you may be eligible to come forward and help the government seek justice and accountability.
Our firm provides experienced legal representation for whistleblowers in Florida. We have a proven track record of assisting whistleblowers with exposing fraud, and we are committed to protecting our whistleblower clients’ rights throughout the process. All of our whistleblower lawyers represent clients on a contingency-fee basis, which means it costs nothing out-of-pocket to hire us to help you take legal action.
3 Options for Coming Forward as a Whistleblower
Broadly, prospective whistleblowers in Florida have three options for coming forward. With that said, the specific options that are available for filing a whistleblower claim (or a whistleblower lawsuit) depend on the specific information you have in your possession, among other factors.
Depending on your individual circumstances, your options for coming forward as a whistleblower may include:
1. Federal Whistleblower Programs
Our experienced attorneys represent individuals who are prepared to come forward under all federal whistleblower programs. Multiple federal agencies have established whistleblower programs, and some (but not all) of these agencies’ programs include provisions for monetary awards in successful cases.
We represent whistleblowers who are prepared to come forward through the following legal processes (among others):
- U.S. Department of Justice (DOJ) Whistleblower Programs – The DOJ administers multiple whistleblower programs; and, in many cases, exposing wrongdoing will involve working alongside the DOJ. From fraud perpetrated by large corporations to other forms of significant illegal activity, the DOJ accepts a wide range of whistleblower complaints, and it pays rewards in qualifying cases.
- U.S. Commodity Futures Trading Commission (CFTC) Whistleblower Program – The CFTC also pays compensation to eligible whistleblowers in qualifying cases. Under the Dodd-Frank Act, the CFTC accepts whistleblower complaints involving violations of the Commodity Exchange Act and a wide range of other commodity-related offenses.
- U.S. Securities and Exchange Commission (SEC) Whistleblower Program – The SEC handles whistleblower actions involving federal securities violations. These violations can take many forms, and they can lead to substantial losses. Potential rewards in SEC whistleblower cases can be substantial, and our lawyers rely on extensive experience to help securities fraud whistleblowers maximize their reward eligibility.
- Internal Revenue Service (IRS) Whistleblower Program – The IRS accepts whistleblower complaints involving fraudulent claims on individual and corporate tax returns, as well as violations of the Bank Secrecy Act (BSA), Foreign Account Tax Compliance Act (FATCA), and other federal statutes. It also pays monetary rewards to eligible whistleblowers in successful cases.
- Financial Crimes Enforcement Network (FinCEN) Whistleblower Program – If you have evidence of an anti-money laundering (AML) violation or any other financial crime, you may be eligible to come forward under FinCEN’s whistleblower program. Like the other federal authorities listed above, FinCEN has a legal obligation to protect whistleblowers’ identities, and its whistleblower program includes monetary reward provisions as well.
These are just examples. From the Federal Trade Commission (FTC) to the National Security Administration (NSA), we help whistleblowers come forward to a wide range of other federal agencies as well. Once you get in touch, our attorneys can determine which federal whistleblower law applies based on the information you have in your possession, and then we can help you work with the government to pursue a successful outcome.
2. Federal False Claims Act
The federal False Claims Act prohibits companies from submitting “false or fraudulent claims” for payment by federal agencies. This includes submitting false and fraudulent claims under government contracts, grants, and programs (i.e., Medicare and Medicaid). In the healthcare sector, using Medicare and Medicaid funds to pay for patient referrals can violate the False Claims Act as well.
Coming forward under the federal False Claims Act involves filing a qui tam lawsuit in federal district court. In successful qui tam cases, whistleblowers are entitled to a percentage of the financial losses and monetary sanctions recovered (from 15% to 30% in most cases). As qui tam violations can trigger liability for treble damages in some cases, False Claims Act whistleblower awards have the potential to be substantial. At Oberheiden P.C., we have extensive experience in these cases (including prior experience at the DOJ), and we can use our experience to guide you forward.
3. Florida False Claims Act
The Florida government is one of several state governments that has enacted a law similar to the federal False Claims Act. The Florida False Claims Act targets fraud in state-funded programs, and our Florida whistleblower lawyers can assist with filing qui tam complaints at the state level as well.
Like the federal False Claims Act, the Florida False Claims Act includes confidentiality and retaliation protections as well as provisions for monetary rewards in successful cases. Similar to rewards under the federal False Claims Act, rewards under the Florida False Claims Act are calculated as a percentage of the government’s recovered funds. If you have information about your employer (or any other entity) that you believe may warrant enforcement action at the state level in Florida, our attorneys can explain everything you need to know.
What You Need to Know Before Blowing the Whistle
Whistleblower cases are complex. They can involve a variety of federal (and state) laws and regulations, and whistleblowers must meet all pertinent requirements to establish their eligibility for the protections (and potentially compensation) that are available. Crucially, whistleblowers must also generally be the first to report fraud, and they must come forward through the appropriate channels based on the specific information they have in their possession.
With this in mind, it is important to have an experienced whistleblower attorney on your side. Our attorneys can guide you forward; and, as we said above, it costs you nothing out-of-pocket to work with a member of our team.
FAQs: Reporting Fraud, Waste, or Abuse to the Federal Government
What is involved in serving as a whistleblower?
What is involved in serving as a whistleblower depends on the specific steps you need to take to come forward. Federal agencies such as the DOJ, IRS, and SEC have all established specific requirements for coming forward under their whistleblower programs, and coming forward under the False Claims Act involves filing a qui tam lawsuit in federal district court.
Does filing a qui tam lawsuit involve suing on the government’s behalf?
Yes, if you are eligible to file a qui tam lawsuit under the False Claims Act, you will be suing on the government’s behalf. Once you file your lawsuit, the DOJ will investigate the allegations you have put forward. Based on the outcome of its investigation, the DOJ will decide whether to intervene. If the DOJ intervenes, it will pursue your lawsuit directly. If it declines to intervene, you will be able to continue pursuing your lawsuit—and you will be entitled to a larger reward if your case is successful.
How are whistleblower rewards calculated?
Whistleblower rewards are generally calculated as a percentage of the funds recovered in successful cases. However, potential percentages vary in different types of cases. For example, while the IRS generally issues awards of 15% to 30% of the funds recovered in tax evasion cases, the CFTC and SEC offer rewards of 10% to 30% in successful whistleblower cases. Rewards under the False Claims Act also typically range from 15% to 30%, with larger rewards (25% to 30% being reserved for cases in which the DOJ declines to intervene.
What if my employer retaliates against me after I blow the whistle?
If your employer retaliates against you after you blow the whistle, you will be entitled to appropriate remedies under federal law. Potential remedies in federal whistleblower retaliation cases include double back pay, additional damages, and placement or reinstatement (if desired).
Do I need a law firm to serve as a federal whistleblower?
If you are thinking about serving as a federal whistleblower, we strongly recommend that you consult with a lawyer before doing so. As discussed above, serving as a whistleblower is a complex process. There are lots of important decisions you need to make, and you need to be very careful to ensure that you comply with all pertinent requirements. A lawyer who has extensive experience representing whistleblowers will be able to assist you with taking all necessary and appropriate steps, and will be able to communicate effectively with the appropriate government personnel on your behalf.
Schedule a Free Consultation with an Experienced Florida Whistleblower Attorney
If you would like more information about serving as a whistleblower, we strongly encourage you to get in touch. To schedule a free initial consultation with one of our senior whistleblower attorneys, call us at 866-320-3959 or tell us how we can help online today.