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Are You a 
Whistleblower? 
Whistleblowers are frequently in the 
news and the term seems to be applied 
to a lot of different people. 
WHISTLEBLOWER ATTORNEYS
WHISTLEBLOWER ATTORNEYS 
KELLER GROVER LLP 
LOS ANGELES | OAKLAND | SAN JOSE 
Main Office: 
1965 Market Street 
San Francisco, CA 94103 
888.601.6939 
ReportGovFraudNow.com 
View our disclaimer 
Jeffrey Keller Partner 
Jeffrey is an experienced fraud lawyer. 
He has been litigating on behalf of con-sumers, 
whistleblowers and sharehold-ers 
for more than 20 years -- successfully 
taking on banks, telecom companies, 
healthcare providers and high tech com-panies, 
among others, in cases involving 
a range of legal issues from securities 
fraud, consumer fraud and fraud on the 
government to antitrust violations and 
RICO. Jeffrey has been recognized as 
a Northern California Super Lawyer® 
for his tireless litigation efforts. Among 
his career achievements are his role as 
class co-counsel and co-trial counsel in 
one of the largest civil settlement ever 
approved by a federal court (In re Visa 
Check/Master Money Antitrust Litiga-tion, 
Case No. CV-96-5238 (EDNY), 
which settled in April 2003 for $3.383 
billion with an additional estimated $25- 
87 billion in injunctive relief valued over 
the decade following the settlement) 
and the largest reported settlement in 
California in 2010 (Friedman et al v 24 
Hour Fitness USA, Inc., Case No CV-06- 
062382 (C.D.Cal), which settled RICO 
and EFTA claims on behalf of a nation-wide 
class of approximately 1.5 million 
consumers valued at approximately 
$295 million). Jeffrey brings this exten-sive 
experience investigating and expos-ing 
fraud and other unlawful conduct to 
each of his whistleblower clients. 
Click here to 
view Jeffrey 
Keller’s full 
biography. 
Kathleen Scanlan Federal Whistleblower Lawyer 
Kate is a seasoned litigator with more 
than a dozen years’ experience in com-plex 
litigation in both California state 
courts and federal courts around the 
country. Her cases have included issues 
arising from real estate fraud, health-care 
fraud, consumer fraud and fraud 
on the government as well as antitrust 
and RICO violations and breaches of 
fiduciary duties. Kate plays the critical 
role at Keller Grover of developing the 
factual record necessary to prevail in 
any litigation. She does this using her 
special talent for gathering relevant facts, 
from both witnesses and documents, 
and distilling the information down to a 
comprehensive legal record. Her ability 
is attributable in part to her willingness 
to dive in and learn the details of the 
industry involved in any given case, to 
understand how the alleged conduct oc-curred 
and how it violates the law. Her 
skills were instrumental in Keller Gro-ver’s 
successful efforts on behalf of the 
nationwide class of consumers in Fried-man 
v. 24 Hour Fitness where she led the 
briefing team and argued the successful 
class certification motion as well as the 
successful opposition to a summary judg-ment 
motion on RICO violations arising 
out of electronic fund transfers between 
consumers and 24 Hour Fitness. Kate’s 
efforts are invaluable to Keller Grover’s 
whistleblower clients where she works 
tirelessly to prepare any case the whis-tleblower 
brings to the government, an-ticipating 
and answering potential ques-tions 
before the case is ever presented. 
Click here to 
view Kathleen 
Scanlan’s full 
biography. 
KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 1
Contents 
Are You a 
Whistleblower? 
Already talked with your 
employer? 
Has the fraud by your 
company been keeping 
you up late at night? 
Unique Blend of 
Experience 
What is a whistleblower? 
What Laws Can a Whis-tleblower 
Use? 
What does Qui Tam 
mean? 
What are whistleblower 
rewards? 
What does the whis-tleblower 
need to know 
about the wrongdoing? 
03 
04 
04 
04 
05 
05 
05 
06 
06 
Is there some smoking gun type evidence 
that a whistleblower should have to 
bring a False Claims Act case? 
What are the different types of whis-tleblower 
False Claims Act cases? 
What is the False Claims Act? 
What if the whistleblower learned of the 
fraud from publicly available information? 
If Whistleblowers Report Fraud, Are 
They Protected from Retaliation? 
06 
07 
07 
08 
08 
2 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
Are You a 
Whistleblower? 
Whistleblowers are frequently in the news and the term 
seems to be applied to a lot of different people. 
So who is a whistleblower? 
Generally, a whistleblower is someone who 
exposes information that is not just sensi-tive; 
it reveals actual wrongdoing. That wrong-doing 
can take many forms and there’s a lot 
of debate about whether some whistleblowers 
are acting lawfully or not. When it comes to a 
fraud on the government, though, there is no 
doubt that Congress wants those 
whistleblowers to come forward – 
so much so that it created special 
laws to encourage them to come 
forward, protect them when they 
do and reward them for doing it. 
A whistleblower with evidence of 
fraud on the government may be 
able to use the federal or state False 
Claims Acts to help expose the 
fraud, recover money on behalf of the govern-ment, 
protect themselves from improper retali-ation, 
and share in the reward. 
The government is the largest purchaser of 
products and services in the country. Billions of 
taxpayer dollars are lost every year to govern-ment 
fraud. Fraud on the government can come 
in many different flavors affecting many differ-ent 
industries. 
What are the common 
types of fraud on the 
government where 
whistleblowers typically 
have information? 
1. Healthcare fraud 
2. Government contract and 
defense fraud 
3. Corporate 
SEC/securities fraud 
4. Other types of fraud against 
the government like: 
»» Failure to fulfill 
government grants 
»» Tax fraud 
»» Misreporting imports on 
customs documents 
»» Countless other types 
of fraud 
Click here 
to watch our 
video 
KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 3
Already talked with 
your employer? 
A lot of whistleblowers report 
what they witness internally 
at their employer before they 
contact a lawyer. They expect 
the problem is just an oversight 
or mistake and will be remedied 
as soon as they point out that 
it happened. Unfortunately, 
many times, that’s when the 
whistleblower learns it’s no 
mistake at all and the retalia-tion 
against them begins. It’s 
a scenario we’ve seen play out 
over and over again and why we 
always want the whistleblow-er 
to contact an experienced 
whistleblower lawyer before 
they raise an issue internally at 
their workplace. But if a whis-tleblower 
has already reported 
the fraud internally, it’s never 
too late to talk with a lawyer. 
An experienced whistleblower 
lawyer will come up to speed 
quickly on the complete situ-ation 
and dive in to help the 
whistleblower navigate deci-sion- 
making about whether 
to bring an action. An expe-rienced 
whistleblower lawyer 
will also help protect against 
retaliation related to reporting 
the wrongdoing... If the case is 
successful, the whistleblower 
lawyer will also advocate for 
the whistleblower to obtain the 
maximum amount available 
under the law as their reward 
for exposing the fraud. 
Has the fraud by your 
company been keeping 
you up late at night? 
Whistleblowers are courageous, 
dedicated people and I know 
first-hand how they are impact-ed 
by what they’ve witnessed 
and how committed they are 
to exposing what they know. 
They deserve a legal team that 
is as invested as they are. That’s 
something I am proud to say 
Keller Grover does really well. 
We’re in this together with 
our whistleblowers. We devote 
significant time and the firm’s 
resources to every one of our 
whistleblower cases. Sometimes 
these cases can go on for more 
than five years, too. Since we 
don’t get paid unless our whis-tleblowers 
are successful, our 
investment is proof of our com-mitment 
to each whistleblower 
we represent. 
I’ve worked on all kinds of 
cases. Some of them have even 
re-shaped the way business is 
conducted in certain indus-tries. 
But the cases that are 
the most satisfying for me are 
those where we represent a 
whistleblower exposing fraud 
on the government. We get the 
privilege of representing some-one 
who is stepping forward 
to expose a wrongdoing that is 
costing all of us as taxpayers. A 
lot of people go to law school 
hoping they’ll represent clients 
like this. We actually do. 
Unique Blend of 
Experience 
When whistleblowers come to 
Keller Grover they often times 
will have learned of a fraud on 
their job. This almost always 
means they have workplace 
legal issues to work out too. 
They need lawyers who are not 
just going to help them expose 
the fraud. They need a lawyer 
who is going to help them with 
their employment issues too. 
We have years of experience 
fighting fraud and representing 
whistleblowers. But we also 
have a team of skilled employ-ment 
lawyers with more than 
20 years of experience dealing 
with employment issues who 
support our whistleblower 
clients in that part of the pro-cess 
as well. There are firms 
out there with experience in 
one area or the other. But we’re 
rare in that we are committed 
to representing whistleblowers 
and have experience in both 
fraud and employment matters. 
4 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
What is a whistleblower? 
Simply put a whistleblower is the person who “blows the 
whistle” on misconduct by reporting concerns about alleged 
illegal or fraudulent conduct to the appropriate authorities. 
When the wrongdoing is a fraud on the government a whis-tleblower 
might expose healthcare fraud, defense contractor 
fraud, procurement fraud, or even fraud for underpaying the 
government. Most importantly, a whistleblower who has infor-mation 
about a fraud on the government will be able to use laws 
passed especially to encourage, protect and promote this exact 
kind of whistleblowing. 
Click here to 
watch our video 
What Laws Can a Whistleblower Use? 
The federal False Claims Act is one of the most powerful tools available to the 
whistleblower. It was originally signed into law in 1863 to help combat fraud 
by suppliers to the United States government during the Civil War. Today, 
more than 150 years later, the False Claims Act remains one of the federal 
government’s most effective weapons in fighting fraud against the government. 
It has been so successful that many states and even some cities have passed 
similar laws to target fraud on them too. So, depending on who the “victim” 
of the fraud is, there are a variety of laws designed to help someone “blow the 
whistle” on a government fraud. 
Click here to 
watch our video 
What does Qui Tam mean? 
Qui tam is a Latin phrase to describe the special situation where a 
private citizen brings a lawsuit to recover on behalf of the govern-ment. 
The defendant in a qui tam lawsuit is a company or citizen 
who has committed fraud or violated certain governmental regula-tions 
in a contract with the government. When a qui tam lawsuit 
is successful, the government is entitled to triple its damages and 
the qui tam whistleblower gets a percentage of whatever the gov-ernment 
recovers. Qui tam lawsuits are a very special partnership 
between the government and private citizens that enables the gov-ernment 
to recover billions from wrongdoers every year. 
Click here to watch our video 
KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 5
What are whistleblower rewards? 
Yes. Most whistleblowers are not familiar with whistleblow-er 
rewards. Qui tam whistleblowers (referred to as “relators”) 
receive a percentage of the funds the federal or state government 
successfully recovers either by settlement or by judgment. By law 
that amount is 15 to 30 percent of the government’s recovery, 
depending on a few factors. These rewards provide incentives to 
whistleblowers, in part, to acknowledge the risks whistleblowers 
may take and to encourage them to come forward to help identify 
these frauds despite the potential risks. 
Click here to watch our video 
What does the whistleblower need to know 
about the wrongdoing? 
False Claims Act cases are 
basically fraud cases. To prove 
a fraud a whistleblower needs 
more than a suspicion that 
there’s wrongdoing. A good 
rule of thumb is to ask whether 
you can answer the who, what, 
where, when, and why of the 
fraud. Also, most important-ly 
can you explain HOW the 
fraud occurred. That is what 
the government is going to ask, 
and that’s what is going to have 
to be proven in court. 
Click here to watch our video 
Is there some smoking gun type evidence that a whistleblower should 
have to bring a False Claims Act case? 
If I’ve learned anything as a 
fraud lawyer over the last 20 
years, it’s that no two cases are 
exactly alike. So there is just 
no way to say what a smoking 
gun might be in a particular 
instance. But any kind of doc-uments 
or other information 
that back up or support what 
the whistleblower is saying 
happened are extremely helpful. 
Any information that can be 
used to make it harder for the 
defendant accused of fraud to 
turn the case into a ‘he said, 
she said’ kind of situation 
where it’s the whistleblower’s 
word against everyone else’s. 
It’s actually one of the most 
important reasons for a poten-tial 
whistleblower to contact a 
whistleblower lawyer early - to 
understand what they have and 
to decide based on that infor-mation 
whether to go forward 
with a lawsuit or not. 
Click here to watch our video 
6 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
Click here to 
watch our video 
What is the False Claims Act? 
The False Claims Act (“FCA”) is a federal law 
that imposes liability on companies or individu-als 
who defraud the government by improperly 
receiving payments from the Federal government, 
avoiding payment to the Federal government, or 
failing to return overpayments. The FCA allows 
someone with knowledge of fraud on the govern-ment, 
commonly called a whistleblower who is 
actually known in the case as the relator, to file 
a qui tam lawsuit on behalf of the government 
to recoup the amounts improperly paid to the 
defendants. By law, the relator is entitled to a 
percentage of whatever the government recovers 
if the case is successful. 
What are the different types 
of whistleblower False Claims 
Act cases? 
The US government buys everything from 
computers and office supplies to healthcare 
and guided missiles. Any contractor selling 
a product or service to the government who 
engages in fraud in a government contact 
may face liability under the False Claims 
Act. That means whistleblower cases can 
come from many different industries and 
whistleblowers can report many differ-ent 
types of fraud, like: healthcare fraud, 
Medicare fraud, defense contractor fraud, 
research grant fraud, pharmaceutical fraud, 
construction and procurement fraud. Even 
underpaying the government is a fraud. 
Click here 
to watch 
our video 
KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 7
Click here to watch our video 
If Whistleblowers Report 
Fraud, Are They Protected 
from Retaliation? 
If a whistleblower faces retaliation relating to 
efforts to expose violations of law –before, during 
or after bringing a case, the whistleblower may 
bring a claim for retaliation under the False Claims 
Act along with the qui tam claim on behalf of the 
government. Any damages recovered in the retali-ation 
claim, which could include double back pay, 
interest, costs and attorneys’ fees, belong solely 
to the whistleblower and are not shared with the 
government. Whistleblowers also may have rights 
under the laws of whatever state they are in which 
also protect against retaliation. § 
What if the whis-tleblower 
learned of 
the fraud from publicly 
available information? 
If the only information the whis-tleblower 
has is publicly available 
the public disclosure bar may pre-vent 
the whistleblower from going 
forward with a lawsuit. That 
includes things publicly disclosed 
in any media, the internet, court 
records, administrative hearings, 
Congressional hearings or U.S. 
General Accounting Office re-ports. 
Even Freedom of Informa-tion 
Act requests can be a public 
disclosure! There is an exception 
if the whistleblower has inde-pendent 
information that adds to 
what the government knows so 
it’s important that any person who 
might think they have a case to 
discuss these issues with an expe-rienced 
whistleblower lawyer. 
Click here to watch our video 
Visit us at online to find out more about whistleblowers. 
8 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
View our disclaimer 
WHISTLEBLOWER ATTORNEYS 
LOS ANGELES | OAKLAND | SAN JOSE 
Main Office: 1965 Market Street, San Francisco, CA 94103 - 888.601.6939 
ReportGovFraudNow.com

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Are you a whistleblower

  • 1. Are You a Whistleblower? Whistleblowers are frequently in the news and the term seems to be applied to a lot of different people. WHISTLEBLOWER ATTORNEYS
  • 2. WHISTLEBLOWER ATTORNEYS KELLER GROVER LLP LOS ANGELES | OAKLAND | SAN JOSE Main Office: 1965 Market Street San Francisco, CA 94103 888.601.6939 ReportGovFraudNow.com View our disclaimer 
  • 3. Jeffrey Keller Partner Jeffrey is an experienced fraud lawyer. He has been litigating on behalf of con-sumers, whistleblowers and sharehold-ers for more than 20 years -- successfully taking on banks, telecom companies, healthcare providers and high tech com-panies, among others, in cases involving a range of legal issues from securities fraud, consumer fraud and fraud on the government to antitrust violations and RICO. Jeffrey has been recognized as a Northern California Super Lawyer® for his tireless litigation efforts. Among his career achievements are his role as class co-counsel and co-trial counsel in one of the largest civil settlement ever approved by a federal court (In re Visa Check/Master Money Antitrust Litiga-tion, Case No. CV-96-5238 (EDNY), which settled in April 2003 for $3.383 billion with an additional estimated $25- 87 billion in injunctive relief valued over the decade following the settlement) and the largest reported settlement in California in 2010 (Friedman et al v 24 Hour Fitness USA, Inc., Case No CV-06- 062382 (C.D.Cal), which settled RICO and EFTA claims on behalf of a nation-wide class of approximately 1.5 million consumers valued at approximately $295 million). Jeffrey brings this exten-sive experience investigating and expos-ing fraud and other unlawful conduct to each of his whistleblower clients. Click here to view Jeffrey Keller’s full biography. Kathleen Scanlan Federal Whistleblower Lawyer Kate is a seasoned litigator with more than a dozen years’ experience in com-plex litigation in both California state courts and federal courts around the country. Her cases have included issues arising from real estate fraud, health-care fraud, consumer fraud and fraud on the government as well as antitrust and RICO violations and breaches of fiduciary duties. Kate plays the critical role at Keller Grover of developing the factual record necessary to prevail in any litigation. She does this using her special talent for gathering relevant facts, from both witnesses and documents, and distilling the information down to a comprehensive legal record. Her ability is attributable in part to her willingness to dive in and learn the details of the industry involved in any given case, to understand how the alleged conduct oc-curred and how it violates the law. Her skills were instrumental in Keller Gro-ver’s successful efforts on behalf of the nationwide class of consumers in Fried-man v. 24 Hour Fitness where she led the briefing team and argued the successful class certification motion as well as the successful opposition to a summary judg-ment motion on RICO violations arising out of electronic fund transfers between consumers and 24 Hour Fitness. Kate’s efforts are invaluable to Keller Grover’s whistleblower clients where she works tirelessly to prepare any case the whis-tleblower brings to the government, an-ticipating and answering potential ques-tions before the case is ever presented. Click here to view Kathleen Scanlan’s full biography. KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 1
  • 4. Contents Are You a Whistleblower? Already talked with your employer? Has the fraud by your company been keeping you up late at night? Unique Blend of Experience What is a whistleblower? What Laws Can a Whis-tleblower Use? What does Qui Tam mean? What are whistleblower rewards? What does the whis-tleblower need to know about the wrongdoing? 03 04 04 04 05 05 05 06 06 Is there some smoking gun type evidence that a whistleblower should have to bring a False Claims Act case? What are the different types of whis-tleblower False Claims Act cases? What is the False Claims Act? What if the whistleblower learned of the fraud from publicly available information? If Whistleblowers Report Fraud, Are They Protected from Retaliation? 06 07 07 08 08 2 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
  • 5. Are You a Whistleblower? Whistleblowers are frequently in the news and the term seems to be applied to a lot of different people. So who is a whistleblower? Generally, a whistleblower is someone who exposes information that is not just sensi-tive; it reveals actual wrongdoing. That wrong-doing can take many forms and there’s a lot of debate about whether some whistleblowers are acting lawfully or not. When it comes to a fraud on the government, though, there is no doubt that Congress wants those whistleblowers to come forward – so much so that it created special laws to encourage them to come forward, protect them when they do and reward them for doing it. A whistleblower with evidence of fraud on the government may be able to use the federal or state False Claims Acts to help expose the fraud, recover money on behalf of the govern-ment, protect themselves from improper retali-ation, and share in the reward. The government is the largest purchaser of products and services in the country. Billions of taxpayer dollars are lost every year to govern-ment fraud. Fraud on the government can come in many different flavors affecting many differ-ent industries. What are the common types of fraud on the government where whistleblowers typically have information? 1. Healthcare fraud 2. Government contract and defense fraud 3. Corporate SEC/securities fraud 4. Other types of fraud against the government like: »» Failure to fulfill government grants »» Tax fraud »» Misreporting imports on customs documents »» Countless other types of fraud Click here to watch our video KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 3
  • 6. Already talked with your employer? A lot of whistleblowers report what they witness internally at their employer before they contact a lawyer. They expect the problem is just an oversight or mistake and will be remedied as soon as they point out that it happened. Unfortunately, many times, that’s when the whistleblower learns it’s no mistake at all and the retalia-tion against them begins. It’s a scenario we’ve seen play out over and over again and why we always want the whistleblow-er to contact an experienced whistleblower lawyer before they raise an issue internally at their workplace. But if a whis-tleblower has already reported the fraud internally, it’s never too late to talk with a lawyer. An experienced whistleblower lawyer will come up to speed quickly on the complete situ-ation and dive in to help the whistleblower navigate deci-sion- making about whether to bring an action. An expe-rienced whistleblower lawyer will also help protect against retaliation related to reporting the wrongdoing... If the case is successful, the whistleblower lawyer will also advocate for the whistleblower to obtain the maximum amount available under the law as their reward for exposing the fraud. Has the fraud by your company been keeping you up late at night? Whistleblowers are courageous, dedicated people and I know first-hand how they are impact-ed by what they’ve witnessed and how committed they are to exposing what they know. They deserve a legal team that is as invested as they are. That’s something I am proud to say Keller Grover does really well. We’re in this together with our whistleblowers. We devote significant time and the firm’s resources to every one of our whistleblower cases. Sometimes these cases can go on for more than five years, too. Since we don’t get paid unless our whis-tleblowers are successful, our investment is proof of our com-mitment to each whistleblower we represent. I’ve worked on all kinds of cases. Some of them have even re-shaped the way business is conducted in certain indus-tries. But the cases that are the most satisfying for me are those where we represent a whistleblower exposing fraud on the government. We get the privilege of representing some-one who is stepping forward to expose a wrongdoing that is costing all of us as taxpayers. A lot of people go to law school hoping they’ll represent clients like this. We actually do. Unique Blend of Experience When whistleblowers come to Keller Grover they often times will have learned of a fraud on their job. This almost always means they have workplace legal issues to work out too. They need lawyers who are not just going to help them expose the fraud. They need a lawyer who is going to help them with their employment issues too. We have years of experience fighting fraud and representing whistleblowers. But we also have a team of skilled employ-ment lawyers with more than 20 years of experience dealing with employment issues who support our whistleblower clients in that part of the pro-cess as well. There are firms out there with experience in one area or the other. But we’re rare in that we are committed to representing whistleblowers and have experience in both fraud and employment matters. 4 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
  • 7. What is a whistleblower? Simply put a whistleblower is the person who “blows the whistle” on misconduct by reporting concerns about alleged illegal or fraudulent conduct to the appropriate authorities. When the wrongdoing is a fraud on the government a whis-tleblower might expose healthcare fraud, defense contractor fraud, procurement fraud, or even fraud for underpaying the government. Most importantly, a whistleblower who has infor-mation about a fraud on the government will be able to use laws passed especially to encourage, protect and promote this exact kind of whistleblowing. Click here to watch our video What Laws Can a Whistleblower Use? The federal False Claims Act is one of the most powerful tools available to the whistleblower. It was originally signed into law in 1863 to help combat fraud by suppliers to the United States government during the Civil War. Today, more than 150 years later, the False Claims Act remains one of the federal government’s most effective weapons in fighting fraud against the government. It has been so successful that many states and even some cities have passed similar laws to target fraud on them too. So, depending on who the “victim” of the fraud is, there are a variety of laws designed to help someone “blow the whistle” on a government fraud. Click here to watch our video What does Qui Tam mean? Qui tam is a Latin phrase to describe the special situation where a private citizen brings a lawsuit to recover on behalf of the govern-ment. The defendant in a qui tam lawsuit is a company or citizen who has committed fraud or violated certain governmental regula-tions in a contract with the government. When a qui tam lawsuit is successful, the government is entitled to triple its damages and the qui tam whistleblower gets a percentage of whatever the gov-ernment recovers. Qui tam lawsuits are a very special partnership between the government and private citizens that enables the gov-ernment to recover billions from wrongdoers every year. Click here to watch our video KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 5
  • 8. What are whistleblower rewards? Yes. Most whistleblowers are not familiar with whistleblow-er rewards. Qui tam whistleblowers (referred to as “relators”) receive a percentage of the funds the federal or state government successfully recovers either by settlement or by judgment. By law that amount is 15 to 30 percent of the government’s recovery, depending on a few factors. These rewards provide incentives to whistleblowers, in part, to acknowledge the risks whistleblowers may take and to encourage them to come forward to help identify these frauds despite the potential risks. Click here to watch our video What does the whistleblower need to know about the wrongdoing? False Claims Act cases are basically fraud cases. To prove a fraud a whistleblower needs more than a suspicion that there’s wrongdoing. A good rule of thumb is to ask whether you can answer the who, what, where, when, and why of the fraud. Also, most important-ly can you explain HOW the fraud occurred. That is what the government is going to ask, and that’s what is going to have to be proven in court. Click here to watch our video Is there some smoking gun type evidence that a whistleblower should have to bring a False Claims Act case? If I’ve learned anything as a fraud lawyer over the last 20 years, it’s that no two cases are exactly alike. So there is just no way to say what a smoking gun might be in a particular instance. But any kind of doc-uments or other information that back up or support what the whistleblower is saying happened are extremely helpful. Any information that can be used to make it harder for the defendant accused of fraud to turn the case into a ‘he said, she said’ kind of situation where it’s the whistleblower’s word against everyone else’s. It’s actually one of the most important reasons for a poten-tial whistleblower to contact a whistleblower lawyer early - to understand what they have and to decide based on that infor-mation whether to go forward with a lawsuit or not. Click here to watch our video 6 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
  • 9. Click here to watch our video What is the False Claims Act? The False Claims Act (“FCA”) is a federal law that imposes liability on companies or individu-als who defraud the government by improperly receiving payments from the Federal government, avoiding payment to the Federal government, or failing to return overpayments. The FCA allows someone with knowledge of fraud on the govern-ment, commonly called a whistleblower who is actually known in the case as the relator, to file a qui tam lawsuit on behalf of the government to recoup the amounts improperly paid to the defendants. By law, the relator is entitled to a percentage of whatever the government recovers if the case is successful. What are the different types of whistleblower False Claims Act cases? The US government buys everything from computers and office supplies to healthcare and guided missiles. Any contractor selling a product or service to the government who engages in fraud in a government contact may face liability under the False Claims Act. That means whistleblower cases can come from many different industries and whistleblowers can report many differ-ent types of fraud, like: healthcare fraud, Medicare fraud, defense contractor fraud, research grant fraud, pharmaceutical fraud, construction and procurement fraud. Even underpaying the government is a fraud. Click here to watch our video KELLER GROVER LLP | 888.601.6939 Are You a Whistleblower? | 7
  • 10. Click here to watch our video If Whistleblowers Report Fraud, Are They Protected from Retaliation? If a whistleblower faces retaliation relating to efforts to expose violations of law –before, during or after bringing a case, the whistleblower may bring a claim for retaliation under the False Claims Act along with the qui tam claim on behalf of the government. Any damages recovered in the retali-ation claim, which could include double back pay, interest, costs and attorneys’ fees, belong solely to the whistleblower and are not shared with the government. Whistleblowers also may have rights under the laws of whatever state they are in which also protect against retaliation. § What if the whis-tleblower learned of the fraud from publicly available information? If the only information the whis-tleblower has is publicly available the public disclosure bar may pre-vent the whistleblower from going forward with a lawsuit. That includes things publicly disclosed in any media, the internet, court records, administrative hearings, Congressional hearings or U.S. General Accounting Office re-ports. Even Freedom of Informa-tion Act requests can be a public disclosure! There is an exception if the whistleblower has inde-pendent information that adds to what the government knows so it’s important that any person who might think they have a case to discuss these issues with an expe-rienced whistleblower lawyer. Click here to watch our video Visit us at online to find out more about whistleblowers. 8 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
  • 12. WHISTLEBLOWER ATTORNEYS LOS ANGELES | OAKLAND | SAN JOSE Main Office: 1965 Market Street, San Francisco, CA 94103 - 888.601.6939 ReportGovFraudNow.com