Whistleblowers in North Carolina may be eligible to receive significant financial awards for their information in cases involving misappropriated government funds. Any industry may commit fraud, but organizations and companies that regularly bid for government contracts and rely heavily on government funding are especially vulnerable. Your specialized knowledge of your job may be instrumental in fighting fraud.
If you suspect you have information that might lead to the successful recovery of government funds, do not hesitate to speak up. The number one mistake whistleblowers make is waiting too long to come forward. By that time, critical information may be compromised and proof destroyed. The success of your case, as well as doing the right thing by taxpayers, depends on honest people like yourself speaking up as soon as they begin to suspect wrongdoing.
Contact the experienced legal team of Tycko & Zavareei LLP today. Our qui tam lawyers are experts in federal and North Carolina false claims law. During a confidential consultation, we can help advise you if you may have a case, how to proceed, and what information may be necessary to move forward. We can also help protect your rights as a whistleblower and ensure that you are accounted for in pursuing the fullest amount of financial compensation possible.
Common Examples of North Carolina Qui Tam Cases
Over 50% of qui tam cases involve the healthcare field. Insurance reimbursements through Medicare and Medicaid are unfortunately a common target for fraud. In 2021, over $5.6 billion was recovered by the Department of Justice using the False Claims Act. Of that amount, some of the largest settlements came from healthcare providers and pharmaceutical companies.
Some common examples of North Caroline healthcare fraud include:
- Billing for services not rendered
- “Upcoding,” or charging insurance for services that are more expensive than those actually provided
- Billing multiple insurances for the same services
- Offering patients medically unnecessary services or treatments in order to increase an insurance payout
- Engaging in “kickbacks,” or patient referrals with financial strings or incentives attached
Oftentimes nurses, healthcare providers, and those who work in the billing departments of doctors’ offices or hospitals are the first line of defense against fraud and corruption. By reporting attempts to keep or claim illicit amounts of government funding, you can help keep costs down for taxpayers, increase the quality and quantity of medical services available for those who rely on public insurance, and rest assured that you have done the right thing. You can also receive a significant financial award if your information facilitates a successful lawsuit and recovery of government funds.
North Carolina Qui Tam Law
Qui tam lawsuits are the main method of financial recovery for the government in cases of false claims. In a qui tam case, the government is the real plaintiff, although a law firm representing the whistleblower (also known as a “relator“) will bring the action on behalf of the government.
False Claims Act
The False Claims Act is a federal law that guarantees certain protections for whistleblowers, as well as offers up to 30% of the government’s total financial award to the relator in a qui tam case.
The False Claims Act was first passed in 1863 by President Lincoln, in an attempt to address rampant defense contractor fraud during the Civil War. Since then, it has been updated several times, and now links financial penalties for false claims to inflation. In addition to an individual penalty which can be assessed for each false claim, the statute also holds violators liable for up to treble damages.
North Carolina False Claims Act
The state of North Carolina also offers additional protections and incentives for whistleblowers. According to the North Carolina False Claims Act, any person who “knowingly presents or causes to be presented a false or fraudulent claim for payment or approval” can also be held liable for treble damages, as well as financial penalties up to $11,000 for each violation.
Recent North Carolina Qui Tam Fraud Cases
Qui tam claims are financial in nature, but the field can also help ensure that justice is served. By using the fullest extent of the False Claims Act, unethical medical providers can be detected, environmental regulations can be upheld, predatory mortgage companies can be stopped, and emergency funds after a disaster can be correctly managed.
For instance, in one recent North Carolina qui tam case, a home health services company in Fayetteville settled a civil case for $45,486.76 after their neglect was linked to the tragic death of a veteran. The company was held liable for falsified timesheets submitted alleging care had taken place when in actuality the patients under their care were being neglected. The false claims, submitted to the Department of Veterans Affairs, were instrumental in uncovering the neglect and misuse perpetrated by an aide at the company.
A tragic situation like this should never have occurred. The financial aspect of this case is far and away less important than the loss of life. However, as this case shows, coming forward to report abuse within the system can also help prevent the abuse of those who are under the system’s care.
How Are North Carolina Whistleblowers Protected?
As a whistleblower, you have certain rights protected by law. Retaliation against whistleblowers is prohibited. Examples may include:
- Firing
- Demotion
- Suspension
- Harassment or other threats
- Changes to employment status or terms of employment
- Reduction of hours
- Reduction of pay
Contact a North Carolina Qui Tam Lawyer
If you are considering coming forward as a whistleblower in North Carolina, you are doing the right thing. Speak to a qualified qui tam attorney to help you understand what information may be useful to your case, what is inadmissible or even illegal to provide, and what your next steps should be. A consultation is confidential and available to you at no cost.
Call Tycko & Zavareei LLP today, or fill out an online form to speak with one of our expert qui tam attorneys. You may be able to receive financial compensation for your help recouping government funds and preventing fraud, waste, and abuse from taking place with taxpayer money.
