Fraud takes on many forms, and each case has its own specific set of nuances. Whether you are prepared to blow the whistle on an instance of healthcare fraud, financial fraud, or any other fraudulent scheme to which you have become privy, there are three essential requirements to any claim filed under the False Claims Act, the Dodd-Frank Act, or the Foreign Corrupt Practices Act.
First and foremost, a potential whistleblower must have concrete evidence of fraud. Any case requires a solid foundation of proof pertaining to the fraud reported, as well as claims that indicate a violation of the aforementioned laws. Examples of actionable misconduct under these acts include, but are not limited to:
- Acts that directly and purposefully cause financial loss to the government
- Fraudulent acts regarding commodities and futures trading, including market manipulation, Ponzi schemes, or improper trading practices
- Other inappropriate sales and business operation tactics, such as insider trading, accounting fraud, or tax evasion
- Deliberate misrepresentation of healthcare claims in order to receive undue reimbursements from government insurance agencies
- Bribing, attempting to bribe, or promising to bribe a foreign official
- The sale or marketing of pharmaceuticals for uses not approved by the FDA
- Submitting bills to the government for products/services that were either substandard, unnecessary, or not provided altogether
Though there is an array of other litigable fraud outside of these categories, those mentioned are the most commonly presented in successful whistleblower suits. The evidence supplied must be specificand original; while not entirely necessary, potential whistleblowers are encouraged to collect as much documentation as possible, as a case backed by a multitude of veritable evidence has much higher likelihood of attracting government interest. A potential whistleblower doesn’t need to witness the fraud firsthand to submit a claim, but it is required that all information provided must be such that the government could not otherwise obtain it – thus, matters of public record are generally not acceptable as primary evidence.
The second requirement for any whistleblower claim involves the “First to File” Rule, which specifies that the case brought forward has yet to be presented by any other whistleblower utilizing the same facts or evidence. Multiple persons may file for the same case if they each have separate and individual proof demonstrating the existence of the fraud; when this occurs, whistleblowers may file jointly or separately dependent on the case. Due to this rule, it is imperative that any information is brought forward at the earliest opportunity to ensure the actionability of your case.
Lastly, the reported fraud must fall under the Statute of Limitations in order for the government to take action. This statute varies from case to case, and is largely contingent on the nature of the fraud; for example, the Dodd-Frank Act requires that all cases are filed within three years of the violation, while the FCPA allows five, and the False Claims Act, six. These statutes are liable to change at any time, which further emphasizes the necessity of seeking counsel as soon as you believe you have a claim.
Whistleblower Justice Network partners with potential whistleblowers to guide, inform, and protect them throughout the process of filing a claim. Our case analysts help whistleblowers fully understand, organize and refine the information that they have in their possession.
Complemented by our understanding of the various faces of fraud, Whistleblower Justice Network will help you make your best case, determine the most appropriate law firm to handle your case, and ensure that your case receives the attention it deserves every step of the way. Whistleblower Justice Network has an international team of experts that work alongside our clients to guide them through every aspect of how to report violations under the various government whistleblower programs.
If you have meaningful information regarding any fraud or misconduct that you believe is in violation of the False Claims Act, the Dodd-Frank Act, or the Foreign Corrupt Practices Act, Whistleblower Justice Network can help. Working alongside world-class legal counsel, we will ensure you are protected to the fullest extent of the law and that you receive credit for the information you bring to the U.S. government. Partnering with whistleblowers is all we do. Visit us at www.whistleblowerjustice.net, or call us at 844-WJN-4ALL.
