introduction to blowing the whistle
A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. A whistleblower can be an employee, supplier, contractor, client, or any individual who becomes aware of illegal business activities. If you have knowledge of a person or company attempting to defraud the federal government, and you come forward with this information, you could be receive a whistleblower award for your courage and blowing the whistle by filing a whistleblower lawsuit and do so with the knowledge you have strong whistleblower protections against whistleblower retaliation.
If you are thinking of blowing the whistle, contact Nashville whistleblower attorney and litigation attorney Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including most recently being named an Avvo Rated Top Lawyer 2024 by AVVO, Top 25 Class action lawyer by the National Trial Lawyers Association (2023-present), a Top 100 Civil Plaintiff Trial Lawyer by the National Trial Lawyers Association (2017-present) and has maintained an AV rating from Martindale-Hubble since 2014 (2014-present), was named a 2023 Top Rated Litigator (2019-present) and 2023 Top Rated Lawyer (2019-present) and 2023 Elite Lawyer of the South by Martindale-Hubble (2019-present), and was a recipient of the Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine (2022) and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021). Contact a Nashville whistleblower attorney today, located conveniently in Brentwood, TN a suburb of Nashville. (855) 846–6529 or [email protected]. Read on for answers by a Nashville whistleblower attorney to the twelve most frequently asked questions about whistleblowing. What is the False Claims Act?
The False Claims Act, codified as 31 U.S.C. §§ 3729 – 3733, is a federal law initially established in 1863 amidst the Civil War era to address fraudulent activities by contractors working with the government. The statute imposes penalties on those who deliberately present false claims for government payments. In 1986, significant amendments were made to update the law, spearheaded by Senator Chuck Grassley (R-IA) and former Representative Howard Berman (D-CA). This Act is widely regarded as a crucial mechanism for reclaiming funds wrongfully obtained from U.S. taxpayers through deceitful claims.
What Is Qui Tam?
The FCA allows private citizens, known as "relators," to file a qui tam lawsuit on behalf of the government in a federal district court. These lawsuits are initially filed under seal, meaning they remain confidential while the Department of Justice and other relevant agencies investigate the allegations. Once the investigation is complete, the case may be unsealed, and the relator's identity can become public. However, during the initial stages, the relator's anonymity is protected, allowing them to come forward without fear of retaliation.
How do I file a Qui Tam lawsuit?
Individuals who are aware of fraudulent activities against federal programs have the opportunity to act as qui tam whistleblowers by filing a lawsuit. However, if there is an existing False Claims Act lawsuit brought either by a private party or the government based on the same evidence, an individual cannot initiate another lawsuit.
As per the U.S. Department of Justice, a qui tam whistleblower is required to file a civil complaint under seal with the court and "serve a copy of the complaint and a 'written disclosure of substantially all material evidence and information' possessed by the relator [whistleblower] on both the Attorney General and the United States Attorney (USA) pursuant to Fed. R. Civ. P. 4. or Rule 4 of the Federal Rules of Civil Procedure." Following this, it is up to the government to decide whether to take over the case. Should the government choose not to proceed, the responsibility to litigate falls to the relator. It is advisable to consult with a Nashville whistleblower attorney who possesses extensive knowledge of the False Claims Act and can provide optimal support to qui tam whistleblowers. Can I qualify for a whistleblower reward?
For a whistleblower to be eligible for an award, they must offer the government voluntary, credible, and original information that plays a role in the success of an enforcement action. The reward amount is determined by the sanctions collected from the action. Additionally, the information provided must be unprecedented. If two individuals submit identical information to the government or regulatory agency, the individual who first discloses it is recognized as providing "original" information and qualifies for a reward.
Both U.S. and international citizens can qualify for rewards if the whistleblower's report relates to violations involving U.S. government contracts, securities, commodities, tax evasion, or currency issues, such as in instances of money laundering or foreign bribery. Should I Report Internally to Corporate Compliance?
Compliance departments are typically structured to safeguard the interests of the organization where you are raising concerns. Informing compliance or utilizing an internal hotline is likely to lead to retaliation and efforts to conceal the issues.
It is advisable to refrain from sharing any information with your supervisor or company compliance officer until you have sought advice from a Nashville whistleblower attorney. Stop using company-issued devices and networks right away to prevent detection when communicating with your legal counsel. What is the Dodd-Frank Act?
The Dodd-Frank Act, enacted by Congress in 2010 as a response to the financial turmoil of 2008, stands as a significant reform measure for Wall Street. This legislation includes provisions that grant whistleblowers monetary incentives and safeguard them against retaliation, significantly enhancing the detection and prosecution of white-collar crimes by leveraging insiders with direct knowledge of financial misconduct.
The Act led to the creation of whistleblower initiatives within both the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). According to the stipulations of the Dodd-Frank Act, eligible whistleblowers are entitled to receive between 10% and 30% of the funds recovered by the government as a result of their information. Moreover, the Dodd-Frank Act offers protection against retaliation, such as maintaining confidentiality, for those who report violations to the SEC and CFTC. It strictly prohibits employers from taking retaliatory actions against whistleblowers, including firing, threatening, demoting, suspending, harassing, or discriminating against them in any form. Can an SEC Whistleblower Report Anonymously?
By engaging a Nashville whistleblower lawyer, individuals can report misconduct to the SEC while remaining anonymous. The attorney can submit a disclosure to the SEC on the whistleblower's behalf, ensuring their identity remains confidential. If such an anonymous report results in a successful enforcement action, the whistleblower is still eligible for financial rewards from the SEC.
Regardless of whether the whistleblower chooses to remain anonymous, the SEC is obligated to maintain their confidentiality. The agency does not reveal any personal details of whistleblowers, even when announcing awards. Does whistleblowing work?
Yes. Whistleblowing works when done according to the law and with the help of an experienced Nashville whistleblower lawyer. The cumulative sum recovered by the government and various regulatory bodies through different whistleblower statutes has reached into the billions. Furthermore, there is a noticeable increase in the number of whistleblower reward claims being submitted as enhancements to these laws are made.
What is an IRS Whistleblower?
An IRS whistleblower is an individual who informs authorities about criminal or non-criminal breaches of the IRS tax regulations. Such breaches may involve tax evasion tactics like offshore banking, shell accounts, money laundering, and incorrect reporting, as well as non-criminal underpayment of taxes. While whistleblowers are frequently driven by ethical considerations, there are also monetary rewards available for those who qualify. To submit a whistleblower claim with the IRS and qualify for these rewards, individuals must complete a claim form (IRS Form 211), which requires a signature under oath. Those who provide specific and credible information through their claims can receive a reward ranging from 15 to 30 percent of the penalties collected by the IRS. Since the IRS Whistleblower Reward Program began, more than $1 billion has been awarded to whistleblowers.
It is crucial for IRS whistleblowers to understand their rights and protections before submitting a claim. Opting to go public with media may compromise confidentiality and protection. We strongly recommend that both U.S. and international IRS whistleblowers engage a reputable Nashville whistleblower attorney to safeguard their identity, assist in filing claims, and manage the process on their behalf. How do I report someone to the IRS?
To notify the IRS about an individual's actions, claimants are required to file an IRS Form 211. This document must present detailed and credible evidence of a particular fraudulent activity or tax underpayment. It is crucial to supply comprehensive information; otherwise, there is a risk that the evidence may not be considered during the award determination phase. The form can be accompanied by additional documents that aid the IRS in investigating the alleged fraud or scenario. If whistleblowers lack direct access to incriminating documents, they can specify the location of such evidence in their submission. Omitting specific details might lead the IRS to dismiss the case.
Due to the intricate process involved in reporting someone to the IRS and applying for rewards, it is advisable for whistleblowers to consult with an experienced Nashville whistleblower attorney. These legal professionals often offer free evaluations of cases to determine eligibility for financial incentives and provide insights into the rights of IRS whistleblowers. What should I do if I am facing whistleblower retaliation?
If you are facing retaliation after reporting issues to a supervisor, HR, or compliance personnel, it is crucial to promptly consult a Nashville whistleblower lawyer. Do not wait for your employer to terminate your employment. Your legal rights depend on what you report and how you disclose it. It is beneficial to follow the laws that offer the greatest protection and compensation.
Every whistleblower law sets a statute of limitations, which are deadlines for filing complaints. These can range from as short as 30 days to three years or more. Regardless of the law applicable to your case, ensure you are aware of its specific statute of limitations. What is the Foreign Corrupt Practices Act?
In 1977, Congress passed the Foreign Corrupt Practices Act (FCPA), a landmark anti-corruption statute designed to prevent the exchange of anything valuable with foreign government officials to secure business benefits. The Act aims to curb corruption, promote fair competition among businesses, and maintain public trust in market integrity. Moreover, the FCPA's accounting mandates obligate publicly traded companies to implement consistent bookkeeping, accounting, internal controls, and compliance systems that are adequate to detect and avert potential violations of the FCPA.
Violating the anti-bribery stipulations of the FCPA can result in criminal penalties, with fines reaching up to $2,000,000 for corporations and other business entities, and up to $100,000 for their officers, directors, shareholders, employees, and agents. Under the Dodd-Frank Act of 2010, whistleblowers may receive financial rewards for reporting breaches of the Foreign Corrupt Practices Act. Such violations are reported to the SEC Whistleblower Office. If You Are Thinking of Blowing the Whistle, Contact Nashville Whistleblower Attorney Timothy L. Miles Today
If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. The consultation is free and confidential. Just complete the form below to get started or call (855) Tim-M-Law. Ask a Nashville whistleblower attorney, you could be entitled to a significant whistleblower award.
Please also visit our Resources center which provides a wealth of information on whistleblower lawsuits, among others. Call today and see what a Nashville whistleblower attorney can do for you.
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center 300 Centerview Dr., #247 Brentwood, TN 37027 Phone: (855) 846–6529 Email: [email protected] Nashville whistleblower attorney Timothy L. Miles Timothy L. Miles is a top-rated and AV preeminent lawyer in Nashville, Tennessee and a nationally known class action and products liability lawyer who has been leading the fight to protect consumer rights for over 22 years. Mr. Miles received a Bachelor of Science in Psychology from Belmont University in Nashville, Tennessee in 1995 and his J.D. from the Nashville School of Law in May 2001, graduating third in his class, and was made a member of the Honorable Society of Cooper’s Inn which is reserved for students graduating in the top ten percent of their class. Comments are closed.
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