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NJ Whistleblower (Qui Tam) Defense

November 3, 2020 New Jersey Criminal Lawyers
Whistleblower (Qui Tam) Defense
There are multiple federal statutes in place regarding whistleblowers, how to prosecute them, and when to reward them for their efforts. While these statutes are important for protecting national security and the integrity of the economy, they can also lead to dangerous situations for businesses and corporations.

It’s very easy for individuals to blow the whistle on places they were previously employed. The statutes require that federal agents investigate any claims that meet the basic requirements. In addition, the government offers financial incentives to people who “blow the whistle” on illegal corporate dealings. This means that if a corporation lays off any of its workforce, it is then at risk of suffering qui tam litigation. If the company doesn’t provide a good enough defense, they may suffer a massive blow to their reputation along with serious federal penalties. Some companies never recover from the seriousness of such an accusation.

It’s impossible to brush aside a whistleblower claim thanks to today’s modern technology. With the federal statutes laid out the way they are, federal prosecutors and the relators will pursue compensation and damages no matter what. There are also many cases in which companies are faced with follow-up backlash from other former employees and consumers after the first complaint goes public.

If a company faces a whistleblower investigation, they must quickly consult with legal counsel to defend themselves. They must be prepared for the possibility that they will be stuck dealing with administrative and federal litigation for a long time. A law firm can help deal with this aspect of the case for corporations, which lets corporate executives focus on the running of their business instead.

There are many things that make whistleblower litigation unique. It is the only type of litigation that occurs when a private citizen files a lawsuit on the federal government’s behalf. The government is reliant upon whistleblowers to come forward with information that they would not otherwise have. If a whistleblower proves that a company has violated the False Claims Act, they may be entitled to a sum of 15 to 30 percent of what the government recovers. In large cases involving substantial fraud, this can mean that the person receives millions in compensation.

Another unique aspect of whistleblower cases is that they are directly involved with the Department of Justice. Part of the DOJ’s job is to investigate every whistleblower complaint that meets the basic requirements. If the DOJ chooses to intervene, it will assign a prosecutor directly from the office. Company executives may have dealt with normal civil litigation before, but the DOJ has a much more intimidating breadth of resources at its disposal.

What Happens When You Choose a Law Firm

If you’re in the middle of a whistleblower investigation, the best thing you can do is to quickly contact a law firm. Not only will the attorneys handle the tedious litigation aspect of the case, but they may also be able to manage the PR and potential paths going forward.

An attorney will go over your case and assess how serious the allegations against the company are. They will determine how valid the relator is in their claims, and how likely they are to be able to prove their claim. The attorney can explain to you exactly what kind of trouble you’re in, if any, along with your potential choices to go forward.

A law firm will also immediately begin to work with the Department of Justice so you don’t have to. They will ask the important questions required to mount a defense. They will investigate the validity of the relator, and they will work to end the case before it really begins.

There are many steps that a law firm can take to convince the DOJ not to bring charges against a company. If the DOJ stays behind the relator, the case is much harder to fight. Relators are free to pursue their lawsuit by themselves if the DOJ decides that there isn’t enough evidence to intervene, but they will struggle against the corporation’s resources.

Though many cases can be resolved before any conflict occurs, an attorney can also create a plan to negotiate in the pre-trial stages or achieve a favorable outcome during a trial.



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