When whistleblowers assist the government by reporting businesses or individuals who defraud federal funds, they also protect American taxpayers’ interests and may receive a significant financial reward for their bravery in coming forward. The False Claims Act encourages employees and other private individuals with evidence of fraud against the government to report it through a qui tam claim. In return, whistleblowers are entitled to protections from retaliation and a portion of the funds recovered if the whistleblower lawsuit is successful.
The qui tam lawyers of Tycko & Zavareei LLP have decades of experience helping whistleblowers recover billions of dollars from businesses that intentionally defraud the government and steal taxpayer funds. If you have evidence of an individual, company, or organization defrauding federal funds, contact a West Virginia whistleblower attorney for a free and confidential consultation.
What is the False Claims Act?
The False Claims Act (FCA) is a federal anti-fraud law that makes it illegal to knowingly file a false or misleading claim involving any federally-funded programs. The FCA contains a qui tam provision, which is what gives whistleblowers the ability to bring a qui tam claim on behalf of the government against those who intentionally defraud federal programs. First enacted to combat defense contractor fraud during the Civil War, the FCA is still one of the government’s main ways of addressing fraud. In 2021 alone, lawsuits brought under the FCA led to the recovery of over $5.6 billion in settlements.
What is Considered Fraud in West Virginia?
Each year, fraud costs the US government and American taxpayers billions of dollars. When an individual or business intentionally seeks to obtain unjust and undue federal funds, it is considered fraud and a violation of the FCA. Types of fraud commonly seen in West Virginia whistleblower lawsuits include:
- Healthcare fraud: Healthcare fraud under the FCA refers to false or fraudulent claims made to government-funded healthcare programs like Medicare, Medicaid, and TRICARE. Healthcare fraud lawsuits make up the majority of recoveries made under the FCA. Common types of fraud seen in healthcare whistleblower lawsuits include upcoding and unbundling, billing for unnecessary services or services that were not provided, and offering or receiving referral kickbacks.
- Government contract fraud: Private companies are often contracted by the federal government to provide different goods and services. When these businesses deceive the government by receiving undeserved payments or contracts, it is considered fraud and could be in violation of the FCA. Types of government contract fraud include making false statements to obtain contracts and providing substandard goods or services.
- Securities, commodities, and banking fraud: This fraud refers to illegal activity in the banking and mortgage industries. Also referred to as investment fraud, securities and banking fraud may include mortgage fraud, insider trading, money laundering schemes, and misuse of government bailout funds.
- Tax fraud: When companies, organizations, or individuals engage in illegal activities like tax evasion or false income reporting, it may be considered tax fraud. Tax fraud whistleblower claims are brought under the IRS whistleblower program.
- Customs and tariffs fraud: Customs fraud refers to when an importer attempts to reduce the amount of customs duties owed on goods being imported into the US from another country.
This list of types of fraud seen in West Virginia qui tam lawsuits is not exhaustive. The FCA also covers a range of other types of fraud including student loan fraud, disaster relief fraud, research grant fraud, and crop insurance fraud. If you have evidence of fraud that you believe violates the FCA, contact a qui tam attorney for a case review.
How Are West Virginia Whistleblowers Rewarded and Protected?
West Virginia qui tam relators who offer valuable information about FCA violations are entitled to a portion of any financial recovery made in the qui tam lawsuit as a reward. If the government intervenes in the case, the whistleblower can expect to receive between 15 and 25 percent of the funds recovered. If the government does not intervene and the whistleblower pursues the case with their qui tam attorney, they are entitled to between 25 and 30 percent of what is recovered.
The FCA protects whistleblowers that report fraud by prohibiting employer retaliation. When an employee becomes a whistleblower, their employer may not fire, suspend, demote, or otherwise discriminate against them. Whistleblowers in West Virginia who experience retaliation may qualify to bring a separate claim against their employer. If you have experienced retaliation for reporting fraud, contact a West Virginia whistleblower lawyer today.
What is the West Virginia Whistleblower Law?
West Virginia’s whistleblower law protects workers who are employed by the state, county, or other public body who report waste or wrongdoing. The West Virginia Whistleblower Law prevents public sector whistleblowers from being fired, threatened, or otherwise retaliated against.
Contact a West Virginia Whistleblower Lawyer
At Tycko & Zavareei LLP, our qui tam lawyers have a proven track record of success in handling whistleblower cases both in private practice and in the United States Department of Justice. Our whistleblower attorneys have helped qui tam relators across the country expose individuals and businesses who commit fraud and steal taxpayer-funded federal money, resulting in the recovery of over $7 billion.
West Virginia whistleblowers who help fight fraud and other shady business practices that hurt consumers by bringing a qui tam claim may be entitled to a significant whistleblower reward. If you have evidence of fraud against the government, contact a West Virginia whistleblower attorney for a free and confidential legal case review.
