Becoming a whistleblower is an important and honorable way to protect American taxpayer funds. A Phoenix whistleblower can help keep contractors accountable, remove bad actors from the system, recover stolen money, and ensure that the government can do the most good for everybody.
If you have information about attempts to defraud government funds that could lead to you becoming a whistleblower, you may be able to claim a significant financial reward for your honesty and bravery in coming forward. Whistleblowers are also entitled to certain protections against employer retaliation that can help you keep your job and safeguard your own interests. If you know about your employer or someone else committing fraud against the government, speak to a Phoenix whistleblower lawyer. Get in touch with Tycko & Zavareei LLP for a free consultation.
Phoenix Whistleblower Claims
Phoenix whistleblower law is governed by both federal and state statutes. The majority of false claims arise from healthcare providers and pharmaceutical companies attempting to illegally draw down Medicare or Medicaid funds. It takes industry insiders like nurses, billing specialists, and other employees to spot and report fraudulent and false claims and keep the healthcare system working for everyone.
Other kinds of false claims reportable by whistleblowers in Phoenix include government contractor fraud, nursing home fraud, securities and commodities fraud, and Medicare fraud. Phoenix whistleblowers may also report cryptocurrency scams and other kinds of financial fraud under federal programs such as the US Securities and Exchange Commission Whistleblower Program.
The Federal False Claims Act
Whistleblower claims involving fraud against the federal government are filed under the federal False Claims Act. The False Claims Act allows ordinary people to sue scam artists on behalf of the government. In the event of a successful investigation and recovery of funds, the whistleblower is entitled to up to 30 percent of the total recoupment.
The False Claims Act was first passed during the American Civil War by President Lincoln. While the law was meant to stop fraud committed by defense contractors, it has since been expanded to cover all kinds of false claims made to the government in exchange for funds. Violations of the False Claims Act are now subject to individual penalties per fraudulent claim, the amount of which is linked to national inflation rates.
In addition, the perpetrator can be held liable for up to treble damages per false claim. These amounts can easily add up, especially in instances of ongoing or extensive fraud. In some cases, whistleblowers may be able to claim amounts in the thousands or even millions in exchange for their information about fraud.
The False Claims Act also offers many protections to whistleblowers. Retaliation against a whistleblower is illegal under this federal statute. Prohibited employer retaliation includes:
- Firing
- Demotion
- Harassment
- Reduction of pay
- Reduction of hours
- Suspension
- Other detrimental changes to the condition or rate of employment of a whistleblower in response their protected disclosure
In the event that you have been retaliated against after coming forward with the truth about fraud, you have certain rights under the False Claims Act. You may be eligible for back pay, reinstatement, as well as any attorneys’ fees incurred over the course of your lawsuit.
Arizona Whistleblower Law
While Arizona offers its own state whistleblower law, the protections for whistleblowers under the federal False Claims Act are more expansive. Arizona whistleblower law only protects whistleblowers from two kinds of retaliation. Covered instances include:
- Termination: In the event that you have been fired after reporting fraud, Arizona state law protects you as a whistleblower.
- Constructive discharge: Under constructive discharge, you must show that your employer created working conditions so intolerable or hazardous that any reasonable person would be compelled to resign. You do not have to be fired in order to claim constructive discharge, but your employer’s actions must be complicit in your reason for leaving.
In addition, these protections only govern disclosures related to Arizona-specific state law. Arizona law does not protect Phoenix whistleblowers who attempt to report federal-level fraud, such as federal tax evasion or Veterans Affairs scams. There must be a “reasonable belief” that Arizona state law is being violated in order for state whistleblower protections to apply in a Phoenix case.
It is important to note that other kinds of retaliation, such as harassment or threats, are not included in Arizona whistleblower protections. However, when reporting a violation of federal law, you may be able to make your whistleblower claim under the False Claims Act. In the event that the federal False Claims Act applies in your case, you will likely be able to receive more substantial protections as a Phoenix whistleblower than through a state-based claim.
How to Become a Phoenix Whistleblower
The most detrimental mistake that whistleblowers can make is waiting too long to come forward. Once information has been reported, it becomes ineligible for a whistleblower award. However, providing new information about an existing case or investigation can still provide you with a stake in a qui tam settlement.
If you have information about ongoing fraud in Phoenix, the first step is to contact a whistleblower lawyer. The experienced qui tam attorneys of Tycko & Zavareei LLP can help guide you through what kinds of proof may be necessary to launch a Department of Justice investigation into the fraud that you have witnessed. Certain positions will require different kinds of proof.
For instance, a high level executive may be able to allege national fraud in the event that they directly governed multiple branches of the company. On the other hand, a billing specialist for a drug rehabilitation clinic that is billing for services not rendered may be able to provide documentation that can show specific instances of false insurance claims being made and processed. Whatever your role at the company may be, you may be eligible for a whistleblower award as well as protection against losing your job if you come forward with the information.
Speak to a Phoenix Whistleblower Attorney Today
If you have information about fraud involving government funds, our qualified team of whistleblower attorneys is available now to help answer any questions you may have. Our lawyers are ready to fight for your interests and privacy. A consultation is complimentary and confidential. Contact a Phoenix whistleblower lawyer today.
