Apr 10, 2019 by |

California and San Francisco Whistleblower Attorney: False Claims and Whistleblowing

ATTORNEY NEWSLETTER

False Claims Act Cases and Alternate Remedies

Whistleblowers/Relators Can Share in Criminal Forfeitures

Under the False Claims Act (FCA), the federal government rewards whistleblowers who present credible, original information of false claims made to government agencies for payments and reimbursements. The cases are known as qui tam cases and the whistleblowers in those FCA cases are referred to as “relators.”  The California whistleblower attorneys at Evans Law Firm, Inc. represent whistleblowers/relators in false claims cases of all varieties including cases involving healthcare fraud, which constitute a large percentage of FCA qui tam cases.  Healthcare entities may have committed fraud against the government by overcharging, billing for unapproved drugs or equipment or paying illegal kickbacks include pharmaceutical companies, medical equipment manufacturers, hospitals, clinics, labs and physicians groups and can be held accountable for their fraud in FCA qui tam cases. If you have credible information for a false claims whistleblower case or any other whistleblower case in California, call us today at (415)441-8669 and we can help.

Criminal Forfeitures

The FCA allows the government to intervene in a qui tam relator’s case or to pursue an alternate remedy. One of the alternate remedies available to the government is to pursue forfeitures in a criminal case against the qui tam defendant. Pursuant to the FCA’s alternate-remedy provision, the relator is entitled to a share of the recovery even if the government pursues an alternate remedy such as criminal forfeitures.  A recent Court of Appeals decision[1] denied a relator’s right to intervene in a criminal prosecution until the civil qui tam case was concluded, but the court noted that its decision would not prevent the relator from receiving a relator’s share of any forfeiture/restitution if the qui tam defendant is found civilly liable for damages under the FCA. 

If you have credible information of fraud under the False Claims Act we recommend you consult with counsel regarding how best to proceed.  To be eligible for a reward, whistleblowers must report the fraud through appropriate and timely court filings or an application addressed to the appropriate government agency.  That is where the California whistleblower attorneys at Evans Law Firm can help.  Our attorneys know the appropriate procedures for your type of allegation and know how to organize and present your credible, original information and documentation in the most effective way.  Additionally, the FCA and other whistleblower statutes protect you from retaliation by your employer for blowing the whistle on fraud.  If you are fired because you brought any fraud to light, you can fight back. You may be entitled to sue your employer in federal court and seek double back pay (with interest), reinstatement, reasonable attorneys’ fees, and reimbursement for certain costs in connection with the litigation.  Our California whistleblower attorneys can represent you in any action for retaliation as well as represent you in your underlying whistleblower application.

Contact Us

Our whistleblower attorneys handle cases involving bank fraud under FIRREA/FIAFEA, the Commodities Futures Trading Commission Whistleblower Program, the Securities and Exchange Commission Whistleblower Program, False Claims Act cases, the FINRA Whistleblower Office and the California False Claims Act. If you or a loved one has information regarding federal or California false claims, offshore tax avoidance schemes against the IRS, or securities fraud in violation of SEC and CFTC regulations, contact Ingrid M. Evans and the other California whistleblower and false claims attorneys at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement.  We also handle cases involving physical and financial elder abuse, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.

 

[1] United States v. Couch, No. 17-13402 (11th Cir. 2018).  Evans Law Firm, Inc. was not involved in the case in any way.

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