Morgan & Morgan Whistleblower Attorneys

The False Claims Act and other whistleblower laws offer substantial awards to individuals that successfully demonstrate that a large-scale fraud scheme against the government has occurred. Those awards are typically between 10% and 30% of the government’s total financial recovery from the fraudulent company or individual.

How much a whistleblower is actually rewarded depends on 13 key factors, each of which James Young explains in this episode.

A qualified qui tam attorney will take note of these factors to advocate for the highest possible whistleblower reward. Learn more about how whistleblower rewards are calculated at www.whistleblowerattorneys.com.

Episode Topics:

00:28 The end of whistleblower cases

03:03 Use of mediation in resolving whistleblower claims

04:39 14 considerations that can increase a relator's share

07:53 11 considerations that can decrease a relator's share

10:43 Treble damages and civil penalties

12:56 Taxes on whistleblower rewards

Major companies do everything in their power to fight back against qui tam lawsuits. Within the scope of each case, it’s important for attorneys and whistleblowers alike to be stay ahead of common defenses.

It is typical for large corporations to retain powerful defense counsel; because of this, whistleblowers are well served to hire a highly qualified, specialized qui tam legal team on a contingency-fee basis.

A qualified attorney will anticipate the defense’s possible motions to dismiss, ensure that the whistleblower files well within the Statute of Limitations, and will only take on a case that has sufficient evidence to convince the government that fraud has occurred.

Learn more about why it’s important for whistleblowers to hire a specialized qui tam attorney at www.whistleblowerattorneys.com.

Episode Topics:

00:27 Motions to dismiss

02:26 Statute of Limitations, first-to-file rule

05:18 1986 False Claims Act amendments that impact defendants and whistleblowers

08:10 Affordable Care Act amendments to the False Claims Act

Qui tam litigation requires extensive research, experience, persistence and empathy. James Young guides those new to representing whistleblowers through common investigative techniques in qui tam cases.

He highlights common mistakes made by first-time qui tam attorneys and offers advice about how to build the most qualified possible case before filing a disclosure statement. If a whistleblower’s evidence is insufficient, for example, it is sometimes possible to request supplementary evidence from other clients that work at the fraudulent company.

Also in this episode, former FBI Investigator David Reign offers valuable insights about how to safely collect evidence, the importance of timing in qui tam cases, and what whistleblowers should do if their employers asked them to sign a confidentiality agreement.

Learn more about investigating whistleblower claims at www.whistleblowerattorneys.com.

Episode Topics:

00:28 Common sense approaches to investigating an initial whistleblower claim

02:36 Three buckets of evidence

03:55 Writing and filing the disclosure statement

08:12 Preparing for the government interview

09:56 The government's investigation

12:36 The government decides whether to intervene

13:22 Former FBI Investigator David Reign on his role in whistleblower cases

Though healthcare fraud is the most prevalent type of False Claims Act violation, government programs and contracts impact almost every aspect of American life, in one way or another.

The False Claims Act also commonly applies to the defense contracting industry, while the Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), and IRS each have their own whistleblower programs with reward incentives.

The Davis-Bacon Act, which applies to fraud committed on federal and state construction projects, is another piece of legislation of which taxpayers should be aware.

Learn more about common types of fraud committed against the government at www.whistleblowerattorneys.com.

Episode topics:

00:27 Purpose of the False Claims Act and definition of fraud against the government

02:30 Types of healthcare fraud, including pharmaceutical, hospice, and home healthcare fraud

08:40 Defense contractor fraud, tariff and duty fraud, and Davis-Bacon Act fraud

10:40 IRS Whistleblower Program

14:58 SEC Dodd-Frank Whistleblower Program

James Young explains the whistleblowing process from start to finish, providing unique insights about both the technical and psychological challenges whistleblowers often face.

From contacting an attorney to being interviewed by the government, being a whistleblower is a long and difficult road. Even after the government interview, much patience is required when waiting for a resolution.

James helps both whistleblowers and attorneys new to qui tam litigation set appropriate expectations about what constitutes a qualified case, how to collect evidence, and how to deal with employer retaliation.

Learn more about what is takes to be a whistleblower at www.whistleblowerattorneys.com.

Episode topics:

00:28 Addressing misconception about the motives of whistleblowers

01:37 Witnessing fraud at work

06:50 Going back to work after beginning the investigation with your attorney

10:17 Three ways companies can properly address whistleblower complaints

13:38 The government interview

15:09 Waiting for a resolution

The Whistleblower Attorneys Podcast with James D. Young begins its initial six-part series by exploring the background and history of whistleblower laws. Though the False Claims Act made pro-whistleblower legislation official in the United States, qui tam laws have roots as far back as 7th Century England.

While the logic behind original whistleblower reward laws was to set “a rogue to catch a rogue,” these anti-fraud measures have evolved significantly over the centuries. Now, most whistleblowers are not involved--or are only minimally involved--in the fraud they report.

James Young is a whistleblower attorney and partner with leading plaintiff’s law firm Morgan & Morgan. Having served as Special Counsel to three Florida attorneys general, James has first-hand experience as a government prosecutor and has worked extensively on healthcare fraud, medical device, and pharmaceutical cases.

Learn more about the False Claims Act at www.whistleblowerattorneys.com.

Episode topics:

00:09 Introduction and short summary of episode topics

01:16 Background information about Whistleblower Attorney James D. Young

02:11 Origins of the role of the whistleblower and the term "qui tam”

11:52 Amendments to the False Claims Act in 1943 and in 1986, the modern False Claims Act

13:34 Three important takeaways from this episode