Blowing the whistle on fraud is a courageous act that can also earn you a significant financial settlement. Michigan whistleblowers may be entitled to payouts under both federal and state law. If you have information about attempts to defraud public health care funds such as Medicare or Medicaid, claim unlawful tax breaks, or submit other false claims to the government, you should consider becoming a whistleblower.
In order to come forward as a Michigan whistleblower, speak to the qualified qui tam attorneys of Tycko & Zavareei LLP. Our fraud lawyers have years of experience in both state and federal qui tam law when it comes to exposing scam artists and defending whistleblowers’ rights. If you share a protected disclosure that leads to the recovery of funds, you may be able to receive certain safeguards against retaliation, as well as a percentage of the total recoupment. For more information, contact the law offices of Tycko & Zavareei LLP today.
Michigan Qui Tam Law and Whistleblowers
Qui tam law is a field of law wherein private citizens can bring legal actions on behalf of the government. Usually, a qui tam case involves a relator, or whistleblower, who has uncovered evidence of fraud or other false claims that illicitly draw down government funds. The whistleblower submits their suspicions to a qui tam lawyer, who is able to submit the case for a full investigation to the Department of Justice.
In a qui tam suit, while the Department of Justice may lead the investigation, the whistleblower’s suspicions are an important element that allow the scam artist to be brought to justice. Because of this disclosure, the relator is eligible to receive a part of the overall settlement if funds are successfully recovered through their evidence.
The Federal False Claims Act
The False Claims Act is the most powerful law that governs qui tam cases. This federal law, first enacted during the American Civil War, allowed President Lincoln to hold defense contractors accountable in cases of fraud or deception. Today, the law has been amended many times to strengthen the protections it affords whistleblowers, as well as the financial penalties assessed against fraudsters.
The False Claims Act currently holds that any person who knowingly submits false claims to the government for undue reimbursement may be held liable for up to treble damages per claim. There are also individual damages that may be assessed per false claim, the amount of which is linked to nationwide inflation rates. The False Claims Act protects whistleblowers against firing, demotion, or other kinds of retaliation by their employers. It also allows whistleblowers to receive anywhere from 15 to 30 percent of the government’s recovery in the event of a successful case. This strong financial incentive helps reward whistleblowers for their honesty and ensure that there are always those willing to step up and hold bad actors accountable.
In the most recent fiscal year alone, the FCA allowed the Department of Justice and the federal government to recoup more than $5.6 billion in settlements and judgements against those who attempted to defraud Medicare, Medicaid, government contracts, and other federal programs.
Michigan Whistleblower Protection Act
In addition to the federal False Claims Act, Michigan also provides certain state level protections to those who come forward with information about false claims and other violations of public policy. The Michigan Whistleblower Protection Act (WPA), passed in 1980, provides general whistleblower protections to employees who report fraud taking place at their companies. According to state law, an employee may not be fired, demoted, or otherwise retaliated against for reporting an actual or suspected violation of federal, state, or local law, or for participating in a hearing regarding such violations.
If you have been wrongfully fired in Michigan after acting as a whistleblower, talk to a whistleblower lawyer today. The team at Tycko & Zavareei LLP can help you understand whether your employer acted illegally, and if so, what legal options may be available to you. It is in your best interests to speak to a whistleblower attorney as soon as possible, as there is a statute of limitations of 90 days from the initial retaliatory action to make a legal claim.
If your employer is found guilty of violating the WPA, they may be subject to a civil fine. They may also be ordered to pay your attorneys’ fees and any witness fees, reinstate you at your former job, and pay your back wages for the time that you were wrongfully terminated or demoted. There may be other financial damages as well as fringe benefits that an employer may be obligated to fulfill if they violate the Michigan Whistleblower Protection Act.
How to Become a Michigan Whistleblower
The number one mistake that whistleblowers make is waiting too long to come forward with their information. Whether because of fear of retaliation, worries about being embroiled in a court case, or concerns over what might come out during an investigation, a whistleblower who waits to step forward risks losing the financial award associated with their information. Once a tip has already been submitted, it becomes ineligible for reward.
If you have concerns that your Michigan employer has acted illegally and made false claims to the government, a whistleblower lawyer can help you understand whether you have a claim during a confidential consultation. Our years of expertise in the field of qui tam law can help you understand what kinds of behaviors expose you to risk and what kinds of evidence will be necessary to launch an investigation.
Coming forward can help preserve taxpayer funds, remove bad actors, and reward you for doing the right thing. By speaking up, you may even be able to help everyone in the State of Michigan. For example, one recent case settled under the federal False Claims Act alleged that the pharmaceutical company Mallinckrodt ARD, LLC (formerly known as Questcor Pharmaceuticals, Inc.) claimed more than their fair share of Medicaid drug rebates for years. The resulting 2022 qui tam settlement yielded a nearly $14.5 million payout back to the Michigan Medicaid program. Many Michigan residents who rely on public services and funds can benefit from the actions of whistleblowers who come forward to report ongoing fraud.
Speak to a Michigan Whistleblower Attorney Today
If you have information about your Michigan employer’s actions that could indicate fraud, speak to a qui tam lawyer today. Whether you work in healthcare, defense, for a small business receiving a government loan, or with any other company that receives public funds, you may be able to save taxpayer money and protect your own best interests today. The team of lawyers at Tycko & Zavareei LLP is ready to help you step up to become a Michigan whistleblower today. An initial consultation is free and confidential.
