Whistleblower - Kelley wolter

Whistleblowers make reports anonymously if represented by an attorney. Government whistleblower programs also offer protections for anyone retaliated against for filing a report. Kelley, Wolter & Scott attorneys have represented many whistleblowers in claims submitted anonymously to numerous government agencies.

A whistleblower can help the government identify and prosecute violations much earlier than might otherwise have been possible. The government recognizes that whistleblowers are the first line of defense against corruption, fraud, and wrongdoing and the single most effective source for information about fraud and other illegal activities.

Certain government agencies are authorized by Congress to provide monetary awards to eligible individuals who come forward with high-quality original information that leads to an 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.

Some of the agencies that offer recoveries for successful whistleblower claims include the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the Internal Revenue Service, and the U.S. Treasury Department. Whistleblower claims can involve a variety of issues, including:

Financial fraud or misconduct within a company;
Investment fraud and Ponzi schemes;
Securities, futures and commodity fraud;
Corporate reporting violations;
Paycheck Protection Program fraud;
ESG investment schemes;
Money laundering;
Cryptocurrency fraud;
Foreign Corrupt Practices Act violations;
Tax fraud; and
Health and Safety violations in the workplace.

Our Minneapolis-based whistleblower attorneys at Kelley, Wolter & Scott understand that the decision to come forward with information about fraud or other wrongdoing is not one taken lightly. Contact us for a free consultation to learn more about your legal rights and options.

Whistleblower FAQs

A whistleblower is a person who has knowledge about fraud and reports that information to the government to hold perpetrators (individuals or organizations) accountable. Whistleblowers can be employees, customers or even members of the public.

If an individual has knowledge of a person or entity engaging in fraud, they should contact an attorney who represents whistleblowers immediately. At Kelley, Wolter & Scott, P.A., we will meet with you to provide a free, confidential consultation.

A whistleblower can remain anonymous. Under the False Claims Act, a whistleblower’s identity is typically only disclosed to the government and not the defendant(s) or the public until the matter is resolved. It is only after a case settles or goes to trial that the identity of the whistleblower becomes public. The whistleblower’s identity is not disclosed during the investigation of the case. Other whistleblower programs also provide those disclosing fraud to the government with anonymity if represented by an attorney, and also protect the whistleblower from retaliation.

There are a number of ways an individual can disclose fraud to the government. Federal and state False Claims Acts enable individuals to file lawsuits against an individual or corporation that is submitting false claims to the government. U.S. agency whistleblower programs such as the Security and Exchange Commission Whistleblower Program enable individuals to provide information about fraudulent schemes to the government. Under both the False Claims Act and U.S. agency whistleblower programs, qualifying individuals are entitled to a share of the government’s financial recovery.

Federal and state False Claims Acts are laws that imposes liability on persons and/or companies that defraud governmental programs. It applies to all government programs, including Medicare, Medicaid, defense contracting and federal and state grants. It is the government’s primary litigation tool in combating fraud. The False Claims Act is a powerful tool that the government can use to fight fraud against its programs. The law has been very successful in recovering billions of dollars in taxpayer money that has been lost to fraud.

The False Claims Act prohibits 1) knowingly submitting false or fraudulent claims to the government; and 2) knowingly concealing or failing to disclose to the government that a false or fraudulent claim has been submitted.

The FCA provides for both civil and criminal penalties for violations. Civil penalties can include three times the amount of the government’s damages, plus a penalty of up to $5,500-$11,000 for each false claim.

The individual bringing the False Claims Act lawsuit, called the relator, has little actual involvement in the lawsuit. The relator is responsible for providing his or her attorney with information about the fraud sufficient to enable the attorney to draft a complaint and a disclosure statement. After the lawsuit is filed, the relator has no involvement in the matter unless (1) the government attorneys ask to meet with the relator to learn more about the specifics of the fraud and (2) sits for a deposition and testifies in the event the matter does to trial.

A number of federal and state government agencies also have whistleblower programs that reward individuals who know of possible fraudulent schemes. These agencies are authorized by Congress to provide monetary awards to eligible individuals who come forward with information about fraud that leads to enforcement actions in which over $1,000,000 in sanctions is ordered. The range for awards is between 10% and 30% of the money collected. These laws enable whistleblowers to come forward anonymously and provide protection against retaliation. Agencies with whistleblower programs include the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Financial Crime Enforcement Network, and the Internal Revenue Service.

Overbilling the government for services or goods that were not provided.
Billing the government for services or goods that were not medically necessary.
Submitting false claims for services or goods that were provided by someone who was not qualified to provide them.
Failing to disclose to the government that a service or good was provided by someone who was not qualified to provide it.
Securities, tax, and commodity violations.

They should contact an experienced attorney, such as the attorneys at Kelley, Wolter & Scott, P.A. to understand the options for moving forward with a whistleblower case. Regardless of who a potential whistleblower contacts for legal representation, an attorney can assist in understanding a whistleblowers rights and the process for filing a whistleblower lawsuit.

Kelley wolter

We understand that the decision to come forward with information about wrongdoing is not one taken lightly.

Whistleblower FAQs

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