More that 80 percent of False Claims Act cases that are being pursued by the U. S. Department of Justice were originally initiated by whistleblowers. That is why congress created a provision in the False Claims Act that rewards whistleblowers by allowing whistleblowers to receive up to 25% of any recovery, when the government intervenes in the case. The North Carolina False Claims Act also has this same provision.
Companies cheating the federal programs, like Medicare and Medicaid, pay the whistleblower rewards. The U.S. taxpayers pay for nothing. The federal and North Carolina False Claims Acts impose triple damages and fines. Treble damages and fines allows the federal and/or state programs to be reimburse, while also covering the costs of litigation.
Whistleblower lawsuits, called qui tam claims, are file under seal – meaning in secrete. A Disclosure Statement is also served on the Government detaining the whistleblowers knowledge of the fraud. It is important to speak with an experienced whistleblower lawyer before reporting the fraud. Choosing the best venue to file a qui tam claim is something an experience whistleblower lawyer will know.
An experience whistleblower lawyer can also use the False Claims Act to protect a whistleblower from retaliation by an employer. The FCA prohibits firing, demotion, harassment or other discrimination against an employee for reporting fraudulent activity. The FCA provides for double back pay, special damages and attorneys’ fees.