The cornerstone of any whistleblower claim is proof that fraud or misconduct covered by one of the whistleblower reward programs occurred. A whistleblower need not have witnessed the challenged fraud or misconduct but he or she must have concrete and specific evidence of the fraud. Mere suspicion or belief is not enough. Being able to identify the “who, what, where, when, why and how” of the challenged fraud or misconduct is most helpful. Knowing as many specific facts as possible about the fraud or misconduct will greatly strengthen your claim.
Generally, you will want to provide the government with new information that it does not already have and might not otherwise obtain. The collected evidence cannot primarily (or substantially) come from public sources, such as the press, internet, TV, government records or reports. However, public information may be utilized in certain instances if you provide a unique analysis demonstrating the existence of the fraud or misconduct.
Gathering evidence of the fraud or misconduct is the first step in bringing your whistleblower claim. Documentary evidence — such as email communications, internal studies, billing records, test results, etc. — is not necessary, but will greatly support any claim you present to the government. Witnessing the conduct first-hand helps but is not required. Our law firm has compiled a FAQ resource for potential whistleblowers that may be of interest to you:
https://constantinecannon.com/practice/whistleblower/i-think-i-have-a-whistleblower-case/.
The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. If you would like more information, or would like to speak to a member of Constantine Cannon’s whistleblower lawyer team, please contact us for a Confidential Consultation:
https://constantinecannon.com/practice/whistleblower/team/
