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.
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