Can a Government Employee be a Whistleblower?
We have been approached on several occasions by employees of the federal government and asked if they can obtain compensation as whistleblowers under the False Claims Act. Several courts have ruled that they can, but it can depend upon the underlying circumstances. The key provision of the False Claims Act addressing this issue states:
A person may bring a civil action for a violation...
Can You File a Whistleblower Lawsuit without an Attorney?
The short answer is no – a party may not file a Whistleblower (Qui Tam) action without an attorney. Generally, a person is permitted by right to represent himself or herself in a court proceeding either as a plaintiff or a defendant. However, this is not the case in the context of a whistleblower suit. Indeed, the United States Court of Appeals for the Fourth Circuit recently...
Can Whistleblowers Be Fired?
Whistleblowers are protected, by federal law, against retaliation. The False Claims Act, which both protects and encourages whistleblowing, contains an anti-retaliation provision that allows whistleblowers to collect double damages and attorney fees for any act of retaliation from an employer. This does not, however, mean that whistleblowers are never harassed, threatened, or fired. That’s...
GlaxoSmithKline Sued by Former Investigators
Two former investigators have filed suit against GlaxoSmithKline, charging the drug company with intentionally providing false information that resulted in actions that led to wrongful imprisonment.
According to The New York Times, the investigators were convicted of illegally obtaining the private records of Chinese citizens during a routine investigation of a whistleblower within...
Additional Thoughts on Intentional Underbidding as a Violation of the False Claims Act
We wrote on this topic once bofore, but thought it was worth another looks.It is somewhat counter-intuitive to think of underbidding a contract as fraud, and as a violation of the False Claims Act (the “FCA”). Indeed, the FCA was enacted during the Civil War in response to overcharges and other abuses by defense contractors. United States ex rel. Harrison v. Westinghouse Savannah River Co.,...
Wells Fargo Sued over “Fraud and Reckless Behavior”
Wells Fargo is under fire over allegations that the banking giant opened millions of accounts without first securing customer permission. According to the complaint, Wells Fargo employees used fraudulent and abusive tactics to open roughly 2 million accounts in an effort to maintain sales quotas. Reuters reports that the three plaintiffs involved in this suit allege financial damages brought...