{"id":6006,"date":"2020-02-21T17:53:18","date_gmt":"2020-02-21T22:53:18","guid":{"rendered":"http:\/\/localhost:10028\/practiceareas\/qui-tam-whistleblower\/"},"modified":"2022-06-21T16:55:20","modified_gmt":"2022-06-21T20:55:20","slug":"qui-tam-whistleblower","status":"publish","type":"practiceareas","link":"https:\/\/napolilaw.lemonadestand.org\/en\/practice-areas\/qui-tam-whistleblower\/","title":{"rendered":"Qui Tam (Whistleblower)"},"content":{"rendered":"<h2 class=\"p1\"><span class=\"s1\"><b>National Qui Tam Lawyers<\/b><\/span><\/h2>\n<p class=\"p3\"><span class=\"s1\">At common law, <i>qui tam pro domino rege quam pro se ipso in hac parte sequitur<\/i> (he who sues in this matter for the king as well as for himself) was a writ which allowed ordinary people to obtain part of the money the state collected in fines levied for <a href=\"\/practice-areas\/environmental-litigation\/\"><span class=\"s2\">environmental pollution<\/span><\/a> and other wrongful conduct. Modern qui tam (kee-tam) cases are much the same. Most of these claims involved the federal False Claims Act.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Either the U.S. Attorney\u2019s Office or a private New York qui tam lawyer can initiate such actions. The government wins about 90 percent of the qui tam cases it brings. But the private qui tam success rate is less than 20 percent. That\u2019s partially because the government claims the best, and most winnable, qui tam cases for itself. So, private qui tam cases are difficult to successfully resolve. The low private sector victory rate also speaks to the relatively low quality of many New York qui tam lawyers.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">At <a href=\"\/practice-areas\/\"><span class=\"s2\">Napoli Shkolnik<\/span><\/a>, our experienced New York qui tam lawyers routinely handle these cases not only in the Empire State, but on a nationwide basis as well. We know the procedural nuances in these cases. That knowledge allows us to aggressively stand up for you and avoid frustrating delays. Some whistleblower attorneys have a few qualities necessary to get the job done right. At Napoli Shkolnik, we have them all.<\/span><\/p>\n<h2 class=\"p3\"><span class=\"s1\"><b>The False Claims Act: A Closer Look<\/b><\/span><\/h2>\n<p class=\"p3\"><span class=\"s1\">Congress passed the False Claims Act in 1863. President Abraham Lincoln pressed hard for the law, which is also known as the Lincoln Law. Lincoln saw it as an innovative way to curb fraudulent practices, specifically companies selling substandard goods to the Union army. Originally, relators (people who brought qui tam cases) received 50 percent of the funds the wrongdoer paid the government.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Many years later, a World War II era Congress gutted the False Claims Act. In 1943, lawmakers slashed the available whistleblower awards and created procedural hurdles. These changes made it hard for New York qui tam lawyers to bring cases, and even harder for them to win fair compensation.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">In 1986, as part of President Ronald Reagan\u2019s privatization initiatives, Congress revamped the FCA yet again. This version of the law closely resembles the one in place today. Some highlights include:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li3\"><span class=\"s1\">Rewards of up to 30 percent,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Available treble damages,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Whistleblower employment protections,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Elimination of some procedural hurdles, and<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">A lower standard of proof.<\/span><\/li>\n<\/ul>\n<p class=\"p3\"><span class=\"s1\">Because of these changes, over 9,000 qui tam actions have saved taxpayers some $55 billion.\u00a0<\/span><\/p>\n<h2 class=\"p3\"><span class=\"s1\"><b>What to Expect in a Qui Tam Whistleblower Claim<\/b><\/span><\/h2>\n<p class=\"p3\"><span class=\"s1\">Whistleblower awards are carefully calculated to encourage people to come forward and also prevent frivolous actions. So, the amount of the award varies depending on several factors, such as:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li3\"><span class=\"s1\">Quality of information provided,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Extent of whistlebower\u2019s cooperation in any official investigation, and<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Health and safety issues, if any, involved.<\/span><\/li>\n<\/ul>\n<p class=\"p3\"><span class=\"s1\">Frequently, New York qui tam lawyers join a wrongful termination or other such claim with the qui tam claim. This connection could be a problem, because these cases have some procedural differences. If these variations are not fully accounted for, a judge could throw one or both claims out of court.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Additionally, there are some agency-specific nuances. For example, SEC whistleblowers might not be entitled to job protection. However, the Commodity Futures Trading Commission (CFTC) whistleblower law, which was part of the Dodd-Frank Act, does contain such provisions. Inexperienced attorneys might not know about important distinctions such as this one.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Generally, whistleblower job protection is not limited to termination. It also includes a wide range of retaliatory acts, such as:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li3\"><span class=\"s1\">Demotion,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Reassignment,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Sidelining,<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Loss of seniority, and<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Blackballing former employees.<\/span><\/li>\n<\/ul>\n<p class=\"p3\"><span class=\"s1\">Compensation in unlawful retaliation matters usually includes lost back pay, a reasonable amount of front pay (lost future pay), and\/or reinstatement. Perhaps more importantly, relators receive judicial declarations that what the company did was wrong.<\/span><\/p>\n<h2 class=\"p3\"><span class=\"s1\"><b>Choosing the Right New York Qui Tam Lawyer<\/b><\/span><\/h2>\n<p class=\"p3\"><span class=\"s1\">Generally, attorneys do not charge upfront legal fees or costs in these matters. However, qui tam claims usually involve significant out-of-pocket expenses. Your attorney must have the resources to front these expenses.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Speaking of resources, these cases are usually too big for one or two lawyers to handle. Frequently, a team of attorneys and support staff must stand up for the realtor. Otherwise, the large corporate defendant usually prevails.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Additionally, make sure your New York qui tam lawyer is not simply looking for a referral fee and has successfully handled these cases in the past.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Your lawyer should be familiar with venue choices. Federal qui tam matters can be brought in most federal courts. But not all judges have the same level of expertise in these matters. Furthermore, many venues are highly inconvenient for relators.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Finally, and perhaps most importantly, if you feel you have a case, speak to a qui tam lawyer immediately. If another whistleblower comes forward first, or if the information becomes publicly available, you may be ineligible for reward and\/or job protection.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Whistleblowers make our world a better place, so they deserve protection and reward. For a free consultation with an <a href=\"\/contact-us\/\"><span class=\"s2\">experienced qui tam lawyer<\/span><\/a>, contact Napoli Shkolnik PLLC. We do not charge upfront legal fees in these cases.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>National Qui Tam Lawyers At common law, qui tam pro domino rege quam pro se ipso in hac parte sequitur (he who sues in this matter for the king as&#8230;<\/p>\n","protected":false},"featured_media":0,"menu_order":21,"template":"","practiceareas_category":[747],"class_list":["post-6006","practiceareas","type-practiceareas","status-publish","hentry","practiceareas_category-business-litigation"],"acf":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas\/6006","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/practiceareas"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas\/6006\/revisions"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=6006"}],"wp:term":[{"taxonomy":"practiceareas_category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas_category?post=6006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}