Government Contractor Whistleblower Lawyer

Government contractor fraud is seen in a variety of industries, ranging from defense contracts to infrastructure. Fortunately, the False Claims Act protects individuals who have reported government contractor fraud. If you have reported illegal or unethical activity, reach out to a dedicated government contractor whistleblower lawyer. An experienced whistleblower attorney could protect your rights and stand by your side during the legal process.

Can a Whistleblower be Retaliated Against?

A whistleblower can always be retaliated against by their employer for reporting anything. However, there are whistleblower protections in place to protect people from being retaliated against. There are anti-retaliation laws that allow someone to have the right to sue for being retaliated against when conducting oneself as a whistleblower.

That is not the same thing as saying someone cannot retaliate against them, it is saying they can sue for it. Generally, the rights under anti-retaliation provisions are strong, the damages a whistleblower could collect are significant, but protection in as much as it implies an ability to prevent it from happening just is not so. Hopefully, the strength of the anti-retaliation provisions available to most whistleblowers is creating some fear on behalf of those who would act in that manner.

Litigation Process in Government Contractor Cases

Under the False Claims Act, government contractor litigation follows the procedures set out in the Act. This is different than government contracting litigation with respect to-for example-one competitor complaining about another bid and making a bid protest. and that can be an entirely different area of practice than what many False Claims Act attorneys conduct.

False Claims Act whistleblower litigation for government contracting involves some establishment as to whether there has been any misrepresentation to the government. The litigation then follows the requirements of the False Claims Act, which usually is to file a disclosure to the government before filing a complaint under seal. One has to file disclosure at some point to the government in order to preserve the status as an original source. Most whistleblowers file a disclosure prior to filing a complaint, and then a complaint is filed in court under seal of the court, so it is secret, and then that complaint is served on the government, and the government conducts an investigation into the allegations.

Under the False Claims Act, the government can intervene and take over the litigation, they can take over all the litigation or they can take over parts of it, and the whistleblower will then have the right to expect that if the government is successful they will obtain a share of the recovery. The whistleblower can pursue the claim independently if the government declines to intervene in the case or simply withdraw the case if the government declines. There is kind of an unusual set of procedures of litigation, what is almost a pre-litigation, for a whistleblower to pursue in these areas to help the government make a determination. Once the case is intervened upon by the government or declined, if the government proceeds or if the whistleblower proceeds, then the litigation proceeds in federal court the way most other cases proceed.

Statute of Limitations for Government Whistleblower Cases

There are many different laws involved in whistleblower cases against government agencies. The statute of limitations under the Federal False Claims Act for reporting fraud against the government is six years for individuals. However, there is a Supreme Court case now before the Court to determine the applicability of the right of repose, which is three years past the time that the government should have known about the fraud, not to exceed ten years, and whether that can be applied when it is a matter being pursued by a whistleblower without the government’s intervention. There is a separate statute of limitations of three years for the anti-retaliation provisions of the False Claims Act.

Fraud in Government Contractor Cases

There is a distinction that the government contractor whistleblower lawyers draw between a false claim, which is a misrepresentation to the government and common law fraud, which requires more of an intent to defraud a person or the government. Still, the fraud allegations in a successful False Claims Act case are likely to be similar and to involve a pretty visceral level of misrepresentations.

Some of the fraud seen in these cases involve billing the government for defective materials, taking kickbacks, and misrepresenting costs.

Contact a Government Contractor Whistleblower Attorney Today

A government contractor whistleblower lawyer could protect your rights if you have reported illegal activity. Call today and set up a consultation with an experienced legal professional. Let us help you.