Whistleblower Questions
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What is a whistleblower?
A whistleblower is someone who reports to an employer, a regulatory body, or an oversight or review authority, the violation of a regulation, standard, or ethical obligation….
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Are there laws that protect whistleblowers who are retaliated against because they have reported wrong doing?
Yes. Federal and State laws exist that provide whistleblower protections….
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Where can I find the whistleblower protection section in the Federal False Claims Act?
That section can be found at 30 U.S.C. § 3730(h) and states:
Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section, shall be entitled to all relief necessary to m…
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If I report Government contract fraud, am I entitled to a reward or bounty?
The Federal, New York State and New York City False Claims Acts provide for a bounty of up to 30 percent of the Government’s recovery….
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Do I need to file a law suit to get a bounty?
Yes. Under the federal False Claims Act, an individual may only recover a bounty if he or she initiates a lawsuit. A person who initiates such a lawsuit is called a “Relator.” The same is true with regard to the New York State and New York City False Claims Acts….
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Can a person receive a bounty for reporting tax fraud or the failure to pay federal taxes?
Yes. Congress passed a specific law that allows private citizens to report to the IRS information that would enable the IRS to make a claim for taxes. This law can be found at 26 USC § 7623. See also IRS Publication 733, Rewards for Information Provided by Individuals to the Internal Revenue Service….
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What is a Relator?
A person who initiates a False Claims Act lawsuit is a Relator. He or she is called a Relator because he or she is bringing the suit on behalf of the Government and relating to the government and the court the knowledge of wrongdoing that he or she possesses….
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Can anyone be a Relator?
No. A Relator cannot, for example, bring a False Claims lawsuit that is based upon public information. Public information includes information from the news media, government audits, or public court proceedings. If the information upon which the suit is based is a matter of public record as defined by law, the Relator must be an “original source.”…
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What is an original source?
The Federal False Claims Act defines an “original source” to mean “an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before filing an action under this section which is based on the information.” 31 USC § 3730(e)(B)….
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How does the DOJ work with State Attorneys General when cases involve Federal and State claims?
Each case is different, but generally State and Federal investigators share information and work together….