Whistleblower Law

 

The attorneys at Webster Szanyi have significant experience counseling individual, business, and municipal clients regarding a broad range of federal and state regulations, including matters involving federal and state healthcare, environmental, securities, and workplace laws.  This real world experience makes Webster Szanyi ideally suited to meet the needs of any person or entity seeking legal assistance with a whistleblower claim pursuant to the False Claims Act or the Dodd-Frank Whistleblower Program.

Whistleblower Claims Under the False Claims Act (the “FCA”) Whistleblower claims under the FCA are often referred to as “qui tam” claims.  To make a qui tam claim, the fraud must involve a federal or state government contract or program and be substantial in nature.   If you have direct and independent knowledge of fraud involving procurement of or performance under a government contract, or fraud involving a government program such as Medicaid or Medicare, contact the attorneys at Webster Szanyi for a free consultation.  Examples of this type of fraud include fraudulent billing, creating fraudulent records, and making false statements to procure payment from, or avoid payment to, the government.  Successful qui tam plaintiffs under the FCA, known as “relators,” may be entitled to 15-30% of the funds recovered from the defendant.

Whistleblower Claims Under the New York False Claims Act (the “NYFCA”)   Whistleblower claims involving New York State or local government entities may be prosecuted under the NYFCA.  New York looks to the FCA in interpreting NYFCA and, as a result, the same types of activities – fraudulent billing, creating fraudulent records, and making false statements to procure payment from, or avoid payment to, a New York State or local government entity – are actionable under NYFCA.  Successful qui tam plaintiffs under NYFCA may be entitled to 15-25% of the funds recovered from the defendant if the qui tam civil action is converted to a government enforcement action, or if the government intervenes in the qui tam civil action.

Whistleblower Claims Under the Dodd-Frank Whistleblower Program Pursuant to the Dodd-Frank Act, the Securities and Exchange Commission (“SEC”) has created the Office of the Whistleblower to specifically address whistleblower claims related to the violation of federal securities laws.  In an effort to encourage individuals with credible and original information of securities violations to report this information to the SEC, the Dodd-Frank Act provides significant monetary and other incentives.  These incentives include an award of 10-30% of any sanctions ultimately imposed by the SEC and strong anti-retaliation provisions.  If you possess original information regarding a violation of the securities laws and require assistance in communicating that information to the SEC, or if you wish to communicate that information to the SEC anonymously, contact the attorneys at Webster Szanyi for a free consultation.

For more information contact:

Thomas S. Lane (tlane@websterszanyi.com)
Nelson Perel (nperel@websterszanyi.com)

 

 

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This is a high quality firm.  They’ve handled a wide variety of matters for us over the years and we have never been disappointed.

Kenneth J. Sodaro
Senior Vice President,

General Counsel & Corporate Secretary, HealthNow New York Inc.

Webster Szanyi has been doing consistently excellent work for Niagara County for the past 15 years. They have handled a variety of litigation matters from negligence cases to civil rights claims and we know we can count on them to get the job done for us.

Claude Joerg
County Attorney,

Niagara County