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Whistleblower Lawyer Minnesota

Difficult decisions come up every day when you work in important fields like healthcare, defense, or other roles that involve government contracts and funds. However, one of the most important decisions you may be faced with is whether or not to report wrongdoing in the workplace.

If you have information about attempts to claim unlawful amounts of taxpayer money in Minnesota, that information is valuable. It may qualify you to become a whistleblower in a qui tam lawsuit. For a confidential legal consultation, contact the law firm of Tycko & Zavareei LLP today. Our expert Minnesota whistleblower lawyers can help you explore your options fully, and help you understand what proof might be necessary to help put an end to corruption and misappropriation of public funds.

Becoming a Whistleblower in Minnesota

Acting as a whistleblower means coming forward with information to help reveal wrongdoing. Under both the federal False Claims Act and the Minnesota False Claims Act, employees who come forward with information about attempts to defraud or misappropriate government funds are protected from retaliation attempts by their employers. Furthermore, whistleblowers (also known legally as “qui tam relators“) can be awarded significant sums for their help in exposing fraud and corruption.

What is a Qui Tam Case?

A qui tam lawsuit happens when a private party (usually the whistleblower) brings a case on behalf of the government. In a qui tam case, the government agency is the real plaintiff, but the information to file the case is provided by the whistleblower or qui tam relator.

Qui tam law is common in fields such as healthcare, defense contracting, environmental protection, and in instances where FEMA or other government agencies provide funds. In these cases, bad actors may try to claim more than their fair share of taxpayer money. Employees who have specialized knowledge in their field are often the first line of defense in reporting these schemes and fraud attempts.

In qui tam law, the whistleblower can be rewarded for their honesty and help reclaiming government funds by receiving a significant portion of the overall financial settlement. In a successful qui tam case, the whistleblower may receive anywhere from 15-30% of the government’s recovery. This number includes not only the total sum of recovered funds but also the possibility of significant financial penalties paid by the company or individual found to be at fault. In extensive or ongoing cases of fraud, the final amount can number into the millions.

Common Examples of Fraud in Minnesota

Fraud can happen in many fields, but some of the most common examples in Minnesota involve healthcare. Insurance reimbursement from Medicare and Medicaid funds is unfortunately a likely target for fraud and scams. The National Conference of State Legislatures reports that improper payments made from Medicaid funds totaled more than $29 billion in one year’s accounting alone.

Abuse of this system has many consequences. It diverts funds away from those who rely upon public insurance, harming the most vulnerable. It raises the cost of Medicare and Medicaid for all taxpayers in the U.S., without increasing the amount of services offered. It lines the pockets of the unscrupulous or amoral, while undermining the public good. And finally, it can put patients’ health at risk, by incentivizing healthcare providers to prescribe medically unnecessary treatments, drugs, or services, in order to receive financial payoffs. These practices lower the standard for healthcare across the board and may jeopardize the health of patients who turn to doctors for their care.

Minnesota Healthcare Fraud

Have you seen any of these possible examples of fraud or corruption in your field? If so, speak to a qualified Minnesota whistleblower lawyer to report wrongdoing during a confidential legal consultation.

  • Billing for services not performed: Nurses, physician’s assistants, and other medical staff are often able to report when services have not been provided to patients.
  • Duplicate billing: Submitting claims to multiple insurances for the same procedure is a common example of duplicate billing. These instances offer no benefit to the patient and draw down the pool of available public funds.
  • Upcoding: Examples of upcoding can be hard to spot unless you have experience with insurance claims. Upcoding often refers to charging for more expensive equivalents of services rendered to patients, so as to claim a higher reimbursement than is necessary.
  • Accepting or offering “kickbacks: Gifts given to healthcare providers from pharmaceutical companies in exchange for Medicare or Medicaid business is an example of a “kickback” that may not be in the patient’s best interests.
  • Prescribing excessive or unnecessary tests or medication: This example of fraud may jeopardize a patient’s health, or cause genuine conditions to go unnoticed.

Federal False Claims Act

The federal False Claims Act accounts for whistleblowers’ protections and incentives. The False Claims Act (FCA) currently states that any party who knowingly submits false claims to the government for reimbursement can be held liable for treble damages, plus a penalty for each individual fraudulent claim. The amount for penalties under the FCA is linked to inflation and is updated regularly.

In the most recent fiscal year, the Department of Justice reclaimed more than $5.6 billion from settlements and lawsuits using the False Claims Act. This powerful tool protects whistleblowers from retaliation as well as offers up to 30% of the financial reward as an incentive for those who come forward with useful, previously undisclosed information.

Minnesota Whistleblower Protections

Minnesota also protects and incentivizes whistleblowers under state law. In addition to the federal False Claims Act, Minnesota statutes prohibit retaliation against any employee or person acting on behalf of an employee, who reports or discloses a violation, suspected violation, or planned violation of any federal, state, or common law. These far-reaching protections protect those acting in “good faith” and with an “objective basis” to report suspected wrongdoing.

The Minnesota Whistleblower Act (MWA) defines an employee as a person who performs services for hire for an employer but excludes independent contractors. Employers are defined as any person with one or more employees in Minnesota, including the state. Examples of prohibited retaliation involve, but are not limited to:

  • Termination
  • Reduction of hours or pay
  • Discipline related to the disclosure
  • Threats against the employee’s terms, locations, or conditions of employment

Contact Tycko & Zavareei LLP Today

If you suspect you have information that could qualify you to become a whistleblower in a qui tam case in Minnesota, contact the law office of Tycko & Zavareei LLP today for a confidential consultation. Our attorneys have represented whistleblowers in some of the biggest kickback cases and more uncovered in the U.S., winning millions for those who come forward with information. Help us fight fraud and protect your rights, privacy, and employment in the process with our legal experts.

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Our experienced qui tam attorneys are available for a confidential, no-cost, no-commitment, initial evaluation of your case. Call us now at (202) 973-0900, or begin the process by completing our Confidential Case Evaluation Form.
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