The whistleblower process empowers individuals with inside knowledge of government fraud to come forward and take action. Filing a qui tam lawsuit under the False Claims Act (FCA), individuals can help the government recover taxpayer money that was lost to fraud in areas like public health and federal programs. When a case succeeds, the whistleblower may also receive a portion of the recovered funds as a financial award.
Taking this step can feel overwhelming, especially when you are up against an employer or large organization. You do not have to navigate the process alone. Bracker & Marcus supports whistleblowers from the very first conversation and helps guide them through each requirement of the FCA. An experienced qui tam whistleblower attorney can help protect your rights and stand with you every step of the way.
Qui tam lawsuits: Who is involved
People who speak up about fraud play an important part in these cases, and the law recognizes that role. The relator is the whistleblower who comes forward with information about fraud. They work with an attorney to explain how government money was misused and to provide any evidence they have access to.
While the whistleblower starts the lawsuit, the United States is considered the plaintiff because it experienced the financial harm. The case is filed in the government’s name, and federal authorities may decide to take over if the claims are strong and pursuing them benefits the public.
Whistleblowers usually keep their own qui tam lawyer throughout the case. Their attorney helps protect their rights, guides them through the process, and supports them as the case moves forward.
Steps for filing a qui tam lawsuit
The complaint is filed under seal in a federal district court. This sealed period keeps the lawsuit confidential and gives the government time to evaluate the allegations before the defendant learns about the case.
Filing under seal helps:
- Protect whistleblower anonymity during the investigation
- Prevent the destruction of evidence
- Support the government’s ability to verify the allegations
Because qui tam lawsuits must be filed under seal and on behalf of the United States, whistleblowers are required to have an attorney represent them.
Government investigation
Government attorneys and investigators review the claims, collect evidence, consult subject matter experts, and may coordinate with agency officials or inspectors general. The government may then either intervene and litigate the case or decline to intervene, allowing the relator and their attorney to continue pursuing the lawsuit.
What influences government intervention
Government intervention often depends on:
- The strength and quality of the evidence
- The financial harm at issue
- The level of public impact
If the government intervenes, it becomes the lead litigator. The relator may remain involved and still pursue a portion of any recovery. When the case is unsealed and served on the defendant, the whistleblower’s identity is typically disclosed.
Whistleblower protection under the False Claims Act
The FCA includes protections for those who report fraud or try to stop it from occurring. Employers and related organizations cannot fire, demote, threaten, or punish a whistleblower for raising concerns about misconduct that harms federal funds. These protections apply not only to employees, but also to contractors and agents who speak up.
If retaliation does occur, the whistleblower may pursue a retaliation claim seeking reinstatement, double back pay, compensation for certain damages, and legal fee coverage. These rights are available whether the person filed a qui tam lawsuit or was working internally to prevent fraud from continuing.
An attorney helps whistleblowers understand these protections from the start and supports them in taking action if retaliation occurs during the process.
How whistleblowers strengthen their case
Whistleblowers are often the ones who see what is really happening inside a company. When you have information that shows how government money was handled, it can make a big difference in your case. Emails, billing records, and notes about how claims were submitted can help show where fraud took place. Keep anything you are allowed to access, but avoid taking materials that are off-limits or confidential.
Talking with an attorney early is helpful because they know what the government considers to be fraud and what kind of proof will strengthen your claim. They can walk you through what to look for and how to share information safely.
The stronger the evidence, the more likely the government will decide to join the case. When that happens, there is a higher chance of recovering money and possibly earning a financial award for helping expose the fraud.
How long can the whistleblower process take?
The whistleblower process does not have a fixed timeline. The initial sealed investigation period begins at 60 days, but the government often requests extensions when more time is needed to review the allegations and collect evidence. Some cases conclude within a few years, although complex fraud schemes involving significant federal losses may take longer. Consistent communication with legal counsel helps whistleblowers stay informed while the case progresses.
What should you do if you have evidence of government fraud?
If you have knowledge of fraud against the federal government, speaking with an experienced whistleblower attorney can help you understand whether you have a viable case. Legal guidance helps make sure you maintain protection under the FCA and pursue a potential reward if the government recovers stolen taxpayer funds.
Founded in 2015, Bracker & Marcus LLC focuses exclusively on False Claims Act and other whistleblower cases, giving whistleblowers nationwide access to experienced qui tam representation. To confidentially discuss your situation, contact us at (770) 988-5035 or contact us online for a free evaluation.