Deskin Law Firm

As a whistleblower, if you have knowledge of past or present fraud against the state or federal government, you may sue on the government's behalf.

What is fraud?
Fraud exists when a person or company misrepresents a material fact that they know is not true intending that the government rely on this misrepresentation to the government's detriment. Learn more about fraud.

What must the relator be able to prove?
The person who brings the suit is known as the "relator." The relator must be able to prove either that a company or person:

- knew that they were presenting a fraudulent request for payment to the government; OR

- knowingly made or used a false statement to get a fraudulent claim paid by the government; OR

- knowingly made or used a false statement to conceal, avoid or decrease an obligation to pay the government.

What is a claim?
A "claim" is an request or demand for money or property that will be paid or reimbursed by the government. In addition, if a request for payment is made to someone other than the government but the government would ultimately have to make a payment, it is considered a claim against the government.

Why would I want to notify the government of a false claim?
The most important motivation is wanting to prevent companies from committing fraud against our government so that all taxpayers will not have to pay the price. In addtion, the government has created financial incentives to encourage people to find fraud and make it known to them. The government recovers 3 times the amount that they were actually damaged in addition to penalties of $5,000 to $11,000 for each claim that is made falsely.

As the relator, you are rewarded between:

- 15 to 25 percent of the government's award in a case that the government assists in prosecuting; or

- 25 to 30 percent of the government's award in a case that the government does not assist in prosecuting.

So that means that if the government is defrauded by $100, the government receives $300 and the relator is rewarded at least $45.

What if my employer retaliates against me?
The False Claims Act prohibits an employer from retaliating against an employee for attempting to uncover or report fraud on the government. If retaliation does occur, the relator may be awarded all relief that is necessary to make the employee whole including reinstatement to their job, two times your back pay, litigation costs and attorney fees. Learn more about retaliation.

How soon must I tell the government?
There are limitations on how long you have to tell the government after the false claim was made, or after you find out about it. It is important to file soon after finding out about it so your claim is not barred.

What will Deskin Law Firm's services cost me?
In whistleblowing cases we handle there is no up-front or out-of-pocket cost or expenses to the relator. All attorney fees and costs are paid for by the law firm and reimbursed through a successful conclusion to the matter.