Constantine Cannon LLP

Under the whistleblower reward laws, a whistleblower claim is a formal submission or complaint that exposes and describes certain types of alleged fraud or misconduct. There are different types of whistleblower claims depending on the arena of fraud. If you have the right kind of information about a fraud or misconduct under an applicable whistleblower reward program, you may have a whistleblower case. You can read more on our page I Think I Have a Whistleblower Case.

Almost anyone with evidence of fraud or misconduct can be a whistleblower. You do not have to be a current or former employee of the company that engaged in the fraud or misconduct. You do not need to have witnessed the fraud or misconduct yourself or have documentary evidence of the fraud or misconduct. You do not need to be an American citizen or resident . And you may even have been involved to some extent in the misconduct.

Generally, the sooner you bring your claim the better. A number of different statutes of limitation may apply. If someone else reports the same fraud, it might raise “first-to-file” concerns, or “public disclosure” concerns. It is not usually a problem if the whistleblower has attempted to report and correct the problem before submitting a claim. Timeliness can be a tricky legal issue for which you should consult with a whistleblower lawyer as soon as you realize you may have a claim.

Each individual will want to weigh a number of factors when determining whether to be a whistleblower, including whether the individual qualifies and has the right evidence, the impact of personal concerns such as anonymity, retaliation, or personal involvement in the conduct.

Typically, submissions under the whistleblower reward programs are confidential and the identity of the person providing the information is not public. Whether a whistleblower can remain anonymous depends in large part on the particular whistleblowing program involved and on how the case proceeds. While some programs provide for anonymous filing, and others provide for a period of confidentiality, if the government is forced to litigate or go to trial regarding the underlying violation, the whistleblower’s information and identity may need to be revealed. In addition, there are the practical realities of whistleblowing, and the company might guess the whistleblower’s identity correctly based on what the government in investigating. If you believe you may have a case and are concerned about your identity becoming known, you should talk with an experienced whistleblower attorney about the likelihood of disclosure, and options to protect your identity.

Investigations often take a very long time, in most cases several years or more. It may be difficult to not be able to discuss your sealed case for a long period of time. A lawyer who can guide you through this and other tricky situations that arise during the government’s investigation is invaluable.