Nevada

Whistleblower laws exist to protect and reward people who speak out about unethical business practices and abuses of power that involve defrauding the government. These laws exist at federal, state, and local levels, and encourage individuals and groups to file a qui tam lawsuit to pursue legal action.

Tycko & Zavareei LLP is a seasoned qui tam law firm with many success stories, helping whistleblowers expose fraud in Nevada and the rest of the United States. We can help you identify cases of fraud, better understand local and federal laws surrounding it, and learn what your protections are.

False Claims Act

The False Claims Act (FCA) is a federal law that allows private citizens to take civil action through qui tam lawsuits against people or businesses that have defrauded the government. The act specifically covers cases in which a person has submitted or caused the submission of a claim (a request or demand for money) to the government for work that was not completed or was completed poorly.

The punishment for false claims under the FCA is a fine of up to three times the damages, as well as a penalty (adjusted based on inflation). The citizen who filed the qui tam lawsuit may also be awarded a portion of this compensation, which ranges from 15% to 30%.

What States Allow Whistleblower Lawsuits?

Not all states have an FCA or qui tam statute. Some states, like Louisiana, have FCAs that only allow suits involving healthcare fraud. Others, like Nevada, target a broader variety of fraud, allowing citizens to file suits against schools, construction companies, healthcare providers, and others. States and territories with these types of broad qui tam provisions include California, Colorado, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, Tennessee, and Virginia, among others.

Nevada False Claims Act

The Nevada False Claims Act is a state law modeled after the federal FCA. Much like its counterpart, this law allows Nevada whistleblowers to file a qui tam lawsuit in cases of fraud that affect the state or local government, and receive a portion of the funds successfully recovered. If the state intervenes in such a case, the whistleblower may be eligible to receive 15% to 25% of the funds, or between 25% and 30% if the state does not. Nevada’s law also provides protection against retaliation for whistleblowers who report fraud.

Fraudulent Practices That Harm the Government

Fraud often isn’t just harmful for the government but for the public too. It can affect federal programs that support those in need, reducing the quality of services or limiting their reach. Fraud happens when something of value is procured through intentional misrepresentation and misconduct, such as:

• False receipts
• Services not rendered
• Double billing
• Medicare fraud
• Medicare kickbacks
• Recoveries in whistleblower suits
• Upcoding
• Knowingly submitting inaccurate claims
• Unlawful purchase of government property

Who Can File Under the False Claims Act?

Anyone, even citizens of other countries, can file a qui tam lawsuit in the U.S., provided they have information about an act of fraud that is not public. Whistleblowers tend to be current or former employees of an organization, but they can also be someone outside of it, such as a client or business partner.

What Is Retaliation Protection?

Whistleblowers may face all sorts of backlash, such as workplace retaliation. If news regarding an employer’s misconduct surfaces, a manager or company might try to fire, demote, harass, or otherwise punish the employee responsible. Other examples of retaliation include:

• Reprimanding the employee or giving them an unfair performance evaluation
• Transferring the employee to an undesirable position
• Engaging in verbal abuse like harassment or threats

Under Nevada laws, it is illegal for employers to engage in this behavior, file a charge of discrimination, or participate in a discrimination proceeding.

More Questions? Speak to an Experienced Whistleblower Lawyer Today

There is more to the whistleblower journey than simply reporting fraud. Your rights as a whistleblower are protected by numerous federal, state, and local laws, and your level of protection depends on what you disclose, how you share it, and with whom. Even if you have good intentions, disclosing confidential information through the wrong channels can be a violation of the law.

Blowing the whistle takes courage, and it helps hold those who commit fraud accountable. The whistleblower attorneys at Tycko & Zavareei LLP can help you prepare and protect yourself if you’re ready to speak up about fraud, waste, or abuse. Contact us today or visit our whistleblower resource center for more information.