who is whistleblower cains attorney

by Maryam Spinka MD 10 min read

When was the Office of the Whistleblower established?

The SEC established the Office of the Whistleblower in 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The two largest awards have involved three individuals totaling $83 million, and to two individuals totaling almost $54 million.

How much did Pacific Architects and Engineers settle a whistleblower case?

In September, 2017, Pacific Architects & Engineers, Inc. (PAE), settled a whistleblower case for $5 million after allegedly not following proper vetting procedures for its personnel that performed and billed work to the U.S. State Department. An investigation found the company was aware of the requirements and did not comply. The whistleblower, a former PAE manager, received $875,000 for the help in recovering these funds.

What is Medicare fraud?

Medicare fraud refers to schemes that are used to collect payments from the Medicare program illegitimately. Medicare fraud whistleblower lawyers focus on helping the people who are revealing these schemes.

Does Texas have Medicaid whistleblower laws?

Yes, Texas has passed a series of acts that may be involved when people choose to blow the whistle on fraud against federal programs. The first of these acts is the Texas Whistleblower Act (TWA).

What can a whistleblower attorney do for you?

A whistleblower can help you with every stage of a case. Depending on where you are right now, a lawyer may be able to help you:

Is it time to call a lawyer about blowing the whistle?

If you are aware of fraud against government programs in Texas, you should speak to a lawyer about blowing the whistle. Now, you’re in a better place to understand what fraud is, how some federal and state laws apply to it, and how a lawyer can help you.

What are whistleblowers?

U.S. Securities and Exchange Commission (SEC) Whistleblowers 1 Dodd-Frank awards double back pay damages but no special damages; SOX awards single back pay damages and special damages. Both include reinstatement and attorneys’ fees. 2 Dodd-Frank cases are filed in federal court; SOX complaints are filed with the Department of Labor under OSHA. 3 Dodd-Frank has a six-year statute of limitations; SOX claims must be filed within 180 days of the retaliation. 4 SOX cases are exempt from arbitration clauses, but Dodd-Frank complaints are not. 5 SOX has a lesser causation standard than Dodd-Frank cases. 6 SOX applies to any employer; Dodd-Frank has a more limited scope.

How long does a whistleblower have to file a claim with the DOL?

Defendants are not able to enforce arbitration provisions in employee contracts to avoid this process. The whistleblower has just 180 days from the retaliatory act to file their claim with the DOL, and so time is of the essence to contact a whistleblower attorney.

How long do you have to file a claim for retaliation?

You have three years from the date of the retaliation to file a claim. There can be multiple instances of retaliation leading up to your termination, so you will want to file before the statute of limitations has run on the first claim.

What is a false claims act?

Federal and state False Claims Acts (FCA) have provisions that protect employees, contractors, and agents from being discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of lawful acts done in furtherance of a False Claims Act case or other efforts to stop False Claims Act violations.

How long does it take to file a whistleblower complaint?

If the DOL fails to issue a report within 180 days, the whistleblower can file a lawsuit in federal court.

What is the Taxpayer First Act?

Beginning July 2019, the Taxpayer First Act prohibits any “employer, officer, employee, contractor, subcontractor, or agent” of an employer from whistleblower retaliation following reported violations of the IRS rules or tax fraud. Thus, unlike the False Claims Act statute, these protections extend to acts committed by coworkers and other agents, not just decisions made by the employer.

Can an employer discharge a whistleblower?

Under Section 6314 (g) of the Anti-Money Laundering Act (AMLA), no employer may directly or indirectly, discharge, demote, suspend, threaten, blacklist, harass, or in any other manner discriminate against a whistleblower in the terms and conditions of employment or post-employment because of certain forms of internal or external whistleblowing.

Why do whistleblower cases take so long?

Whistleblower cases take a considerable amount of time for a number of reasons. Cases are often complicated, as there are often a number of regulations that must be understood and actions that must be uncovered. Additionally, the entities that handle whistleblower cases often have a number of cases to investigate on limited resources. These entities seek to do a thorough investigation of each case, but often require considerable time to do so. The judicial process is, generally speaking, rather slow. However, the complex nature of whistleblower laws, coupled with the limited resources of the investigating agencies, can make whistleblower cases take a considerable amount of time.

Is the False Claims Act the only whistleblower law?

Of course, The False Claims Act is by no means the only whistleblower law. There are many federal and state laws which have been enacted to try to protect whistleblowers.

What does a whistleblower attorney do?

A whistleblower attorney usually performs an initial review of a case for free. Once the attorney decides to take the case, you can retain the attorney on a contingency basis. This arrangement means that you will pay the attorney only if the case is successful and you receive a reward from the government. An attorney who works on a contingency basis pays all expenses needed to represent you. These expenses include the costs of hiring expert witnesses, traveling, and completing documentation. They are also entitled to seek reimbursement of these expenses from the defendant if the case is successful.

What is the FCA in qui tam?

The FCA provides that whistleblowers may be eligible to recover legal costs from the defendant in addition to the reward itself. These expenses can include attorney fees and other costs associated with trying the case.

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