How Much Info Needed?

Discussion in 'Ask a Whistleblower Attorney' started by anonymous, Jan 24, 2020 at 1:46 PM.

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  1. anonymous

    anonymous Guest

    How much information and documentation is needed to file a whistleblower claim. For example I know of a situation where several Drs' offices have stopped using a lab because they think the lab is doing some illegal things.

    What would I need to document to file a claim?

  2. Constantine Cannon

    Constantine Cannon Experienced Whistleblower Law Firm

    Aug 20, 2019
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    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:

    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:
  3. anonymous

    anonymous Guest

    Read up on Rule 9(b). Depending what Circuit you are in, you may need a bill to show the government was harmed. In some circuits, you don’t need a bill as long as you have “indicia if reliability” that a bill was submitted to the government.

    If you are in a circuit which strictly enforced 9(b), don’t file it unless you have a bill and can document that the particular claim was caused to be submitted by the scheme.
  4. anonymous

    anonymous Guest

    In this case, you would be considered an outsider ( rule 9(b) is based on the Clawson case where he was an outsider). Since you are an outsider, you probably don’t have access to a bill. Also, your “indicia of reliability” is non-existent. If you worked for the company, you might get through in circuits that are relaxed in 9(b). If you are in a tough circuit, you have NO chance. Zero. You will be dismissed for failure to plead with particularity.