To Blow the Whistle or Not to Blow the Whistle – That Is the Question

If the only thing standing between a whistleblower’s decision to report fraud or keep it to himself was how much money he would collect, there may be quite a few more False Claims Act reports of people trying to steal from the government. Alas, there is far more that goes into the decision to become a whistleblower than financial incentives or rewards.

These financial incentives are not only meant to be part of a governmental policy encouraging whistleblowers to come forward. The rewards also recognize that being a whistleblower is hard work; the money rewards risk and personal sacrifices these heroes endure while coming forward. An experienced and empathetic Qui Tam attorney recognizes that the financial rewards alone are not the sole motivating factor in blowing the whistle on corporate crooks who steal government and public money through deception and/or disingenuous interpretations of law or regulations.

Most whistleblowers have grave difficulty in keeping silent when they discover dishonest business practices that defraud taxpayers of government funds.

Here are some guidelines in gathering evidence and organizing your case to present to a Qui Tam attorney.

1. Do you have enough documentation to make your assertions credible? This is likely the most important issue. Only a qualified Qui Tam attorney, someone who has successfully litigated whistleblower cases, can determine this. While you should gather all documentation that evidences or could reasonably evidence the dishonest actions, you should only copy those materials that are relevant to the issues you suspect evidence the wrongdoing or are reasonably relevant to the wrongdoing. You should not access any records of the business that you do not have access to in the performance of your duties.

It is critical to the success of your case that you can show the wrongdoing and the more you can show the better. It would be ideal if you could show representative samples of the fraudulent behavior from begging to end, from service to billing and payment by the government. However, this cannot always be accomplished and is not necessarily a prerequisite to a successful claim.

2. Can you focus on the facts? If you avoid “he said, she said” and concentrate on real data, you will have a better chance at success.

An experienced lawyer at Begelman & Orlow, P. C. will review your claim before taking your case. If we do decide to pursue your case, we will be by your side every step of the way. Call us for a consultation today.


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