Who Makes a Good Whistleblower?

Unquestionably, one of the very best things about my job is my clients. I have the honor of representing brave men and women who are willing to jeopardize their own well-being in order to bring Bad Guys to justice. These people are heroes, plain and simple. If you know about fraud and are willing to step forward to stop it, I want to hear from you.

And over time, having litigated dozens of False Claims Act cases across the country, I have noticed that there are certain traits that most successful whistleblowers have in common. (And by the way, when I say “successful,” I mean “are successful in bringing Bad Guys to justice,” regardless of the size of their recovery.) These are my observations, for what they are worth:

1.       INSIDERS. The best whistleblowers have some inside information or insight as to what the fraud is or how it is being perpetrated. That may come from working in a Bad Company, or from industry exposure and experience--but they are rarely "strangers" to the facts in question.

2.       Motivated by JUSTICE. When a whistleblower comes to me and is concerned about the greater good, and stopping the harm caused by the Bad Guys, I know I have a winner.

3.       TRUTH-TELLERS. The best whistleblowers are very credible--that is, they are very believable. Usually, that is directly tied to how candid they are willing to be--with me, with the Government, and with the Court. Hiding bad facts gets us nowhere. We need to know all aspects of the case--good, bad, and ugly--to get the best possible result. Good whistleblowers are willing--even determined-- to tell the truth.

4.       PERSISTENT. Bringing a case under a whistleblower statute is not just hard work, it is slow work. Cases often last for five years or more. The best whistleblowers are in it for the long haul--probably because they are motivated by justice, not a hypothetical fast-buck or revenge.

5.       SELF-REFERENTIAL. Let's face it, not all whistleblowers will be treated fairly. It can be tough to know that other people disapprove of what you are doing. You may even be blamed for "stirring up trouble." It helps if you are willing to do what is right, even when other people disapprove, because you know that YOU KNOW the right thing to do. That kind of fortitude is a critical ingredient to being a successful whistleblower.

At Bracker & Marcus, we are ready to help you with your False Claims Act case, big or small. We care just like you do: about JUSTICE. About the GREATER GOOD. About DOING THE RIGHT THING, and about TELLING THE TRUTH. Let us help you put a stop to fraud.