Florida Whistleblower Lawyer
Rewards for People Who “Blow the Whistle” on Frauds and Scams
When illegal activity or fraud take place in a company or organization, it is often the employees who can recognize it who expose fraud To encourage the reporting of fraud and wrongdoing, federal laws determine rewards for those who report legitimate fraud. These employees are known as whistleblowers.
Under the federal False Claims Act, an employee who reports the employer’s fraud may be eligible to receive a minimum of 15% of what the government recovers. In cases where the recovery is in the millions, this is a very large reward.
At Yormak Employment & Disability Law, we understand what it takes to pursue a whistleblowing case. We partner with employees to ensure that their claim is recognized as a strong case and worth pursuing. We increase whistleblowers’ chances of being compensated for their tip-off, evidence, and participation, while protecting their anonymity and shielding them against retaliation.
The Federal False Claims Act (FCA)
The FCA is a federal law that prohibits individuals or companies from making false or fraudulent claims for payment to the federal government. Under the FCA, anyone who “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” or “knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim” is liable to the government for a civil penalty, as well as damages and legal fees.
The FCA applies to a wide range of government programs, including healthcare programs such as Medicare and Medicaid, defense contracts, and other federally funded programs. It also includes provisions that encourage employees and other private individuals to report fraud (known as the qui tam provision) and prohibits retaliation against employees who make such reports.
The Florida False Claims Act (FFCA)
The Florida False Claims Act (FFCA) rewards and protects whistleblowers who successfully report fraud being committed against the state government. Similar to federal law, it protects those who bring forward valid claims, such as tax evasion and improper use of federal funds, from whistleblower retaliation by their employers
Qui Tam Cases
With the assistance of a Florida whistleblower lawyer, individuals may file a lawsuit on behalf of the government to report fraud involving any federally funded program or contract. To file a qui tam lawsuit, you must have original, non-public information about the fraud and be the first to report it.
Qui tam lawsuits must be kept confidential while the government investigates the allegations.If the government is successful in recovering money as a result of the lawsuit, the employee may be eligible for a reward, which is typically a percentage of the amount recovered.
Whistleblower Protections Against Retaliation
Employers are prohibited from firing, demoting, suspending, threatening, or otherwise discriminating against employees who report fraud or participate in a qui tam lawsuit.
Additionally, the law prohibits any actions taken to prevent or discourage an employee from blowing the whistle or participating in an action. If a whistleblower is retaliated against, they may be entitled to the reinstatement of their job or other benefits, double back pay with interest, as well as compensatory damages for emotional distress.
If you are suffering retaliation or even wrongful termination after a whistleblower lawsuit, our Florida whistleblower attorneys protect employees from any adverse employment action. Schedule a strictly confidential initial consultation today.
Common Actions Reported by Whistleblowers
Our Florida whistleblower lawyers have extensive experience in whistleblower protection. Here are some examples of the whistleblower lawsuits we can provide legal counsel:
- Submitting false or fraudulent claims for payment to the government
- Making false statements or omissions to obtain payment from the government
- Conspiring with others to defraud the government
- Double billing or overcharging the government
- Charging the government for goods or services that were not provided or were of inferior quality
- Knowingly concealing or avoiding an obligation to pay money or property to the government.
- Misusing government funds or property
- Engaging in kickbacks or bribes in connection with a government contract or program
- Retaliation against an employee who reports fraud against the government
Common Types of Fraud Reported by Whistleblowers
Healthcare Fraud
There are many types of fraud within our healthcare system. The most typical are charging for services not rendered, ghost patients (people who do not exist or who did not receive any treatment), kickbacks, upcoding, bundling and unbundling services.
Additionally, physicians, pharmaceutical company managers, hospitals, and other healthcare providers can falsely certify that they meet the government’s certification standards when they do not. Other types of healthcare fraud include research grant fraud, and Stark Law violations.
Pharmaceutical Fraud
The most common pharmaceutical fraud is the off-label marketing of drugs. This is when the drug manufacturer markets their drug to treat symptoms and diseases the drug is not approved for and not proven effective for by the FDA. People with inside knowledge such as sales reps, pharmaceutical employees, and healthcare workers are usually the people who come forward. Illegal kickbacks include bonuses to physicians and hospitals and other financial incentives. Various illegal financial inducements, inflated Average Wholesale Pricing (AWP), concealed discounts and best price fraud are not uncommon schemes.
Construction Fraud
Construction companies that build subsidized housing, infrastructure, and office buildings charge the U.S. government billions of dollars annually. Many of these charges are inflated or falsified. Reporting bribes, kickbacks, or the use of substandard materials or workmanship, bid-rigging, and other illegal activities are actions whistleblowers can take.
Procurement Fraud
Every year, the government is defrauded of billions of dollars by false good procurement claims for items such as office equipment, construction equipment, fuel, security, and consulting services. When a whistleblower reports these fraudulent practices, they help protect both taxpayers and the public from those who are attempting to take advantage of the system.
Financial Industry Fraud
This type of fraud includes outright theft from investors, insider trading, pump-and-dump and Ponzi schemes, and front running. Some companies create false financial reports. Mutual fund fraud, which put investors at a disadvantage is also not unheard of. These types of fraud are also eligible for whistleblowers to report on.
Government Contract Fraud
Government contract fraud can involve bribery, false statements or omissions, kickbacks, hiding information about the contractor’s performance, and other deceptive practices with the intent of obtaining a government contract or payment.
Defense Fraud
Defense fraud can include overcharging the government for goods or services, providing inferior quality goods or services, accepting kickbacks in connection with a defense contract, and other deceptive practices.
Grant Fraud
Grant fraud can include misusing funds provided by a government grant, failing to disclose conflicts of interest, or making false statements or omissions on a grant application. Whistleblowers who come forward with information about these illegal activities help ensure that the government’s money is spent appropriately and in accordance with established regulations.
Government Program Fraud
Government program fraud includes false or inflated claims for benefits, misappropriation of funds intended for government assistance programs, and other deceptive practices with the intent of taking advantage of government benefits.
Fraud Involving the Use of Government Funds or Property
Fraud involving the use of government funds or property can include activities such as embezzlement and theft, as well as the illegal conversion of government funds or property for private gain.
Tax Fraud
Tax fraud can include activities such as improper deductions, underreporting income or overstating expenses, filing false or incomplete tax returns, and failure to pay taxes.
More Whistleblower Cases We Handle
- Construction Fraud
- Ambulance Fraud
- Defense Contractor Fraud
- Education Fraud
- Federal Employee Whistleblowers
- Federal Grant Fraud
- Home Health Agency Fraud
- IRS Fraud
- Medical Billing Unbundling Fraud
- Medicare Fraud
- OSHA Violations
- Pharmaceutical Fraud
- Physician Self-Referrals
- Procurement Fraud
- Public Employee Whistleblowers
- PPP Fraud
- SEC Fraud
Whistleblower Cases And Rewards
Our lead Florida whistleblower lawyer, Benjamin Yormak, has helped numerous whistleblowers get the compensation they deserve. Here are some successful cases:
- March 2021: $22 million employee reward (for the Government’s recovery of $105 million)
- February 2021: $1.9 million employee reward (for the Government’s recovery of $11.2 million)
- January 2021: $25 million employee reward (for the Government’s recovery of $25 million)
- August 17, 2016: $3.2 million employee reward (for the Government’s recovery of $19.75 million)
Frequently Asked Questions
How much do Florida whistleblower lawyers cost?
At Yormak Employment & Disability Law, Florida whistleblowers don’t have to pay anything out of pocket for representation. We take Florida whistleblower cases on a contingency fee basis, meaning that if there is no recovery, you won’t owe us any legal fees or expenses. Our team will investigate your case and determine the best strategy going forward. If compensation is recovered, our law firm will receive a portion of the settlement or award.
Who can file a Florida False Claims Act lawsuit?
Anyone with knowledge of fraud involving Florida-based companies or government programs can file a Florida False Claims Act lawsuit. This includes employees, contractors, and other individuals who suspect wrongdoing. If you are the first to provide information leading to the successful prosecution of a Florida FCA claim, you may be eligible for compensation.
Can I file an anonymous Florida False Claims Act suit?
Yes, Florida False Claims Act suits can be filed anonymously. However, an individual must provide their name and contact information to the court before a lawsuit can be brought on their behalf. Our law firm understands the need for confidentiality and takes every measure to ensure that your identity is protected throughout the process. Contact us for a confidential consultation to discuss your Florida whistleblower case today.
How long does a Florida False Claims Act case typically take to resolve?
The length of time it takes to resolve a Florida False Claims Act case depends on the complexity of the case and the defendant’s desire to settle or litigate. Generally speaking, Florida False Claims Act cases can take from 6 months to several years for both settlement negotiations and litigation.
Can my information lead to a financial reward?
If you believe your employer is committing fraud or a violation of Florida whistleblower law, contact Yormak Employment & Disability Law for help. Our Florida whistleblower attorney, Benjamin Yormak, is one of the few board-certified employment law experts in Florida and can provide you with the advice and guidance needed to seek justice.