Blowing The Whistle - How A Team Of Qui Tam Lawyers Can Help
Whistleblowing cases are hitting the news on a regular basis say a team of qui tam lawyers, and in October of 2011 the largest ever lawsuit filed under the False Claims Act reached its conclusion when software maker Oracle agreed to pay a settlement figure of $199.5 million to the General Services Administration. The case arose from a dispute concerning a contractual obligation entered into in 1998 whereby Oracle agreed to sell licences for software together with technical support to government entities via the Multiple Awards Schedule Program belonging to the General Services Administration. Apparently Oracle failed to pass on consumer information and discounts, and made false statements to GSA regarding its discounts and sales practices.
The settlement was a consequence of the whistleblower (qui tam) provisions contained within the False Claims Act under which individuals can file a lawsuit on behalf of the government and reap a share of the monies awarded. A qui tam attorney explains that cases such as the Oracle lawsuit are extremely difficult to handle and is why an experienced team of attorneys is needed to represent the plaintiff. They have a tendency to drag on due to their complex nature and stand more chance of success if the government becomes involved. A former employee of Oracle was the whistleblower (he is to receive $40 million as his part of the settlement) and he was joined by the Justice of Department in July 2010.
Types of false claims
This is a wide area and includes:
- Off label marketing
- Bribes or kickbacks
- Charging for services or goods never received
- Falsifying the quality or quantity of services or goods provided
- Best price
- Falsifying time sheets
If you have sound evidence that your employer is performing one or more of the practices mentioned above and knowingly defrauding the government, then you may be able to file a lawsuit on the government's behalf. To find out whether you have a case or not, it is best to contact a firm specializing in qui tam law. Our qui tam attorneys offer a free consultation whereby they can listen to what you have to say, ascertain whether there is indeed a case to answer, and explain your rights. You can rest assured that everything you tell them will remain confidential.
Provisions For Whistleblower Protection Under Qui Tam
They government understood that in order for people to blow the whistle on illegal activities happening in the workplace, certain protection would need to be afforded to them and this is why in the first instance, the case would be filed under seal. In other words it would be kept a secret and only the government would know about it. Clearly if the whistleblower is found out to be blowing the cover of the scam, then they are going to be very unpopular and could face all kinds of treatment. The whistleblower protection means that an employer may not terminate, suspend, harass, demote, or threaten the whistleblower since this is illegal behavior, and if he does, then the whistleblower may well be entitled to sue for damages filed directly against their employer or whoever is giving them grief. If you have lost your job or suffered taunts or abuse relating to whistleblowing activities, then a firm of qui tam lawyers will be able to help you. So don't suffer in silence, pick up the phone.
Would you rat out your boss?
According to a newly released survey designed to test the public's awareness of the latest whistleblower laws, as introduced by President Obama in 2010, nearly three quarters of Americans asked, said they would blow the whistle on their boss provided:
- they could remain anonymous
- there was no fear of reprisal
- and there was monetary award
If you are facing this moral dilemma, then be rest assured that a team of qui tam lawyers will help you every step of the way, should you decide to speak out.
