Our Whistleblower & Qui Tam practice group is lead by Jerry Martin, a former United States Attorney. During his tenure at the Department of Justice, Jerry made pursuing fraud under the False Claims Act (FCA) a top priority. He co-chaired the Attorney General’s Health Care Fraud Working Group and helped set the Department’s policies and priorities. Today, Jerry uses that institutional knowledge and experience as a former prosecutor, to benefit clients who want to expose fraud on government programs, report securities fraud, or uncover tax cheats.
Being a whistleblower isn’t easy. The laws and regulations are complicated, and the personal ramifications of becoming a whistleblower can be significant. It is illegal to retaliate against an employee for reporting fraud (click here to read more about retaliation for whistleblowing). Our firm has handled employment law matters for decades, and we rely heavily on that experience in counseling our clients.
If you contact us to review your case, you can expect two things – thoroughness and complete confidentiality. Our job is to analyze your case, review your evidence, and ask the probing questions that a prosecutor or regulator is sure to ask. During our investigation, we will keep everything you share with us confidential and put your personal and professional interests first. We work on a contingency basis, meaning we only get paid if we file a case on your behalf and there is a recovery. Thus, contacting us to review your case and to explore your options involves no risk to you.
The False Claims Act
The FCA allows private citizens to stand in the shoes of the government and file a lawsuit on the government’s behalf in a federal district court. That lawsuit is served on the United States Attorney and remains under seal outside of the public realm while the Department of Justice and other federal and state agencies investigate the allegations. Whistleblowers or “relators” are entitled to share between 15% and 30% of the government’s recovery as a reward for bringing fraud to the government’s attention.
IRS Whistleblower Program
The Internal Revenue Service’s whistleblower program allows individuals or entities with knowledge of non-payment or underpayment of taxes to come forward and provide the IRS with that information. An IRS whistleblower can receive between 15% and 30% of the total recovery. Information can be provided about both companies and individuals who have not paid their fair share of taxes, as long as certain threshold requirements are met.
SEC & CFTC Whistleblower Programs
Both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have whistleblower programs that allow an individual to report violations of the securities and commodities trading laws and regulations. Successful whistleblowers are entitled in between 10% and 30% of any penalty imposed by these agencies. Whistleblowers with knowledge of insider trading, violations of the Foreign Corrupt Practices Act, accounting fraud, or any other illegal or improper schemes that harm investors or violate the law, can come forward with this information to regulatory authorities on a confidential basis.
Jerry Martin, pictured at a press conference above, served as the United States Attorney from 2010-2013.
Our firm represented a doctor and two nurses who filed a False Claims Act lawsuit against Community Health Systems, Inc. (CHS) that resulted in a record-breaking $98 million settlement for the government, and a fair and just recovery for our clients.Read More
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As the United States Attorney, Jerry Martin made enforcement of the False Claims Act a priority. Below are some of the Department of Justice press releases in the cases he oversaw during his tenure.