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Whistleblower & Anti-Retaliatory Statutes

 

29 U.S.C. 218C

Affordable Care Act (ACA), Section 1558

15 U.S.C. §2651

Asbestos Hazard Emergency Response Act (AHERA)

42 U.S.C. §7622

Clean Air Act (CAA)

42 U.S.C. §9610

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

12 U.S.C.A. §5567

Consumer Financial Protection Act of 2010 (CFPA), Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

15 U.S.C. §2087

Consumer Product Safety Improvement Act (CPSIA)

42 U.S.C. §5851

Energy Reorganization Act (ERA)

21 U.S.C. 399d

FDA Food Safety Modernization Act (FSMA), Section 402

49 U.S.C. §20109

Federal Railroad Safety Act (FRSA)

33 U.S.C. §1367

Federal Water Pollution Control Act (FWPCA)

46 U.S.C. §80507

International Safe Container Act (ISCA)

49 U.S.C. §30171

Moving Ahead for Progress in the 21st Century Act (MAP-21)

6 U.S.C. §1142

National Transit Systems Security Act (NTSSA)

29 U.S.C. §660

Occupational Safety and Health Act (OSH Act), Section 11(c)

49 U.S.C. §60129

Pipeline Safety Improvement Act (PSIA)

42 U.S.C. §300j-9(i)

Safe Drinking Water Act (SDWA)

18 U.S.C.A. §1514A

Sarbanes-Oxley Act (SOX)

46 U.S.C. §2114

Seaman’s Protection Act (SPA), as amended by Section 611 of the Coast Guard Authorization Act of 2010, P.L. 111-281

42 U.S.C. §6971

Solid Waste Disposal Act (SWDA)

49 U.S.C. §31105

Surface Transportation Assistance Act (STAA)

15 U.S.C. §2622

Toxic Substances Control Act (TSCA)

49 U.S.C. §42121

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

 

The federal False Claims Act and its state counterparts offer an effective means to redress corruption against the government by stopping it and rewarding whistleblowers for their information. Qui tam cases are a powerful way for whistleblowers to help the government stop many kinds of fraud – Medicare and Medicaid fraud, defense contractor fraud and numerous other types of fraud that impact the government financially – and recover billions that have been stolen from the U.S. Treasury and taxpayers.

Plaintiffs in Qui tam lawsuits are called realtors. Realtors are not only protected under the law from retaliation but may be eligible to receive an award of anywhere from 15 to 30 percent of the funds recovered by the government. Courts have ruled that realtors must be represented by legal counsel.

Once an individual has evidence of fraud against the government and decides to blow the whistle, that person needs to find a lawyer. The state and federal False Claims Acts contain “first to file” provisions that reward the early reporting of false claims. This creates what has been referred to as a “race to the courthouse.” Therefore, potential relators should not sit on valid claims, because others may beat them to it.

It is also important for realtors to keep their information confidential until after the government has unsealed the case. A qui tam lawsuit is filed “under seal,” meaning that it is kept a secret from everyone but the government to give the Justice Department time to investigate the allegations. Even the person or entity being accused of fraud is not told about the qui tam case. The False Claims Act states that a qui tam case will be sealed for 60 days, but courts generally extend the seal multiple times to give the government enough time to investigate the allegations to decide whether to join the case. Government investigations can take years. Often times, if the government joins or intervenes, the case is resolved through settlement negotiations rather than a trial.

If you have information concerning fraud committed against the government, it is critical that you contact an attorney with experience handling qui tam lawsuits. The attorneys at McDonald & Kloth, LLC, have successfully represented qui tam clients individually and with government intervention. Our attorneys understand that success with qui tam cases is largely dependent on a thorough investigation prior to presenting the case to the government. If you or anyone you know has information about a fraud being perpetrated against the government, you should immediately contact McDonald & Kloth, LLC, for a free initial consultation.

The Illinois Whistleblower Act, 740 ILCS 174, protects employees who disclose illegal conduct to government officials or refuse to participate in unlawful activities. An injured employee may seek a “make whole” remedy from the employer, including reinstatement with seniority; back pay with interest; and compensation for “any damages sustained as a result of the violation, including litigation costs, expert witness fees and reasonable attorneys fees.”

The Illinois False Claims Act, 740 ILCS 175, protects every citizen who “blows the whistle” on corruption (i.e., unlawful conduct) conducted by government officials and employees. A successful whistleblower may receive up to 30% of the amount recovered upon the conclusion of a successful whistleblower suit.

It is critical that you contact an attorney experienced in handling whistleblower cases prior to taking formal action. The attorneys at McDonald & Kloth, LLC, have handled countless whistleblower cases in a number of forums, and – regardless of whether you are an employer or an employee – will gladly assist you with your whistleblower matter.

Contact Us Today With Your Employment Law Needs

McDonald & Kloth, LLC is experienced in many areas that fall within employment law. Learn how our trusted attorneys can help you with your legal issues today. Contact our office in Menomonee Falls at 262-252-9122 or fill out our contact form.