New York Fraud Against the Government Whistleblower Attorneys
It is illegal to commit fraud against the government. Whistleblowers can help expose fraud by filing a qui tam action on behalf of the government.
Whistleblowers who report fraud against the federal, state, or city government to government authorities are eligible to receive a percentage of any award, and they are legally protected if their employer takes retaliatory actions, whether the fraud was reported to the authorities or even internally.
Committing fraud against the government is a serious offense. Whistleblowers can report fraud against the government under the federal False Claims Act (FCA), the New York State False Claims Act, and the New York City False Claims Act. In 2017, the federal Department of Justice recovered over $3.7 billion from False Claims Act cases.
Reporting Fraud Against the Government
Individuals can file suit on behalf of the government if they know the False Claims Act has been violated. This is called a qui tam action.
Whistleblowers who file a qui tam action are known as relators. Under the False Claims Act, relators must file a complaint with the government.
A federal qui tam action should be confidentially filed under seal in a federal district court. A copy of the complaint must be served to the appropriate government office. In the case of violations of the federal False Claims Act, the US Attorney General and the US Attorney for the district where the complaint is filed should receive copies.
The federal government pursues cases based on unique, confidential information that has not been previously disclosed. You should only discuss your information with your attorney and the US Attorney. If your information has been disclosed, the government is much less likely to pursue the case.
The complaint will be sealed with the court for at least 60 days, during which time the government will investigate the complaint and decide whether or not to proceed.
A state qui tam action should be filed with the New York supreme court. It will remain under seal for 60 days while the government investigates the complaint. A city qui tam action should be submitted to the New York City Department of Investigation.
Whistleblowers Can Receive Up To Thirty Percent Of The Claim
Whistleblowers who file a qui tam action on behalf of the government can receive a percentage of the monetary award. The percent of their award depends on whether the government takes over the prosecution or the relator continues the case.
If the government chooses to proceed with the action, it will prosecute the violation of the FCA. The relators are entitled to between 15 and 25 percent of any amount recovered by the government.
If the government declines to proceed with the action, the relator may continue the case. Relators must still obtain the consent of the government to settle or dismiss a qui tam action. The relator is entitled to between 25 and 30 percent of any amount recovered in the action.