Typically, submissions under the whistleblower reward programs are confidential and the identity of the person providing the information is not public. Whether a whistleblower can remain anonymous depends in large part on the particular whistleblowing program involved and on how the case proceeds. While some programs provide for anonymous filing, and others provide for a period of confidentiality, if the government is forced to litigate or go to trial regarding the underlying violation, the whistleblower’s information and identity may need to be revealed. In addition, there are the practical realities of whistleblowing, and the company might guess the whistleblower’s identity correctly based on what the government in investigating.
False Claims Act complaints are filed “under seal” and initially served on the government only, but not the defendant. This gives the government an opportunity to investigate the allegations in the complaint and decide whether it wants to take over the litigation. Under the False Claims Act, complaints are sealed for an initial sixty days, but the government may — and often does — request that the time be extended, and extensions can last months or even years. While a case is under seal, a whistleblower is not permitted to discuss the suit with anyone other than his or her whistleblower lawyer and the government attorneys and agents assigned to the case. When the seal is lifted, the whistleblower's identity is typically revealed.
If you believe you may have a case and are concerned about your identity becoming known, you should talk with an experienced whistleblower attorney about the likelihood of disclosure, and options to protect your identity. Our law firm has some resources on this topic that may be of interest: https://constantinecannon.com/tag/confidentiality-and-the-seal/
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/.
