Kansas City
Whistleblower Attorney

Experienced Whistleblower Fraud Lawyers Serving Kansas City, MO

Siro Smith Dickson PC has been representing whistleblowers in civil fraud actions and employment retaliation claims for more than forty-five years. Eric Smith, our lead partner on civil fraud (Qui Tam) claims, initially trained and practiced in Washington DC at a major international law firm specializing in federal False Claims Act cases in the military/defense and healthcare industries. Our firm’s attorneys have many decades of combined experience successfully representing whistleblowers in both civil fraud and retaliatory termination claims. If you are aware of any false or inflated claim for payment, false statement made to obtain a government contract, or any other fraud by a person or entity made to obtain payment from the federal or state government, or fraudulent statements made to avoid making payments to any government agency, please contact our Whistleblower lawyers today to discuss your possible claims. The federal False Claims Act provides that a qui tam relator (the whistleblower) may receive between 15 and 30 percent of the amount recovered by the government through a qui tam action. The United States Department of Justice obtained more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims in the fiscal year ending Sept. 30, 2021. More information about those recoveries can be found here and the 2021 FCA statistics can be found here. In addition to recoveries for whistleblowers under the False Claims Act, the law prohibits an employer from forcing you to participate in illegal activity, and it is usually illegal for your employer to retaliate against you when you complain about illegal misconduct either within the company to upper managers who are not involved in the wrongdoing, or outside the company to the proper authorities. Talk to a Siro Smith Dickson Kansas City whistleblower attorney about your rights. If you have suffered a retaliatory firing or other negative job action because you complained to your boss or other supervisors about your company’s illegal or discriminatory business practices, or because you went outside the company and reported business misconduct to a State or Federal law enforcement agency, give us a call – we can help. Click here to review some of our results in whistleblower cases.

Whistleblower Claims

Many states have laws that protect employees who “blow the whistle” on illegal activity. For example, you may have a claim if you report violations of the law to a government agency or to your supervisors, or if you refuse to perform an employer’s request or order that violates the law, and you suffer retaliation as a result. The law prohibits employers from retaliating against employees when they engage in certain protected conduct. You do not necessarily need to be an employee to have a whistleblower claim. There are a number of other statutes that provide whistleblower protections and rewards to current employees, former employees, and residents alike. For example, if you report possible government fraud, mishandling of toxic substances, violations of tax or securities laws, discrimination in education, or failure to provide access to public facilities, whistleblower protections may be available. In some cases, the law may even reward you for blowing the whistle against entities that engage in these types of violations.

False Claims Act and Qui Tam Lawsuits

The Federal False Claims Act provides individual citizens with the opportunity to play a vital role in deterring and preventing fraud against government programs. In 1863, Congress passed the False Claims Act to battle the massive frauds committed by government contractors during the Civil War. Since then, the False Claims Act has become the most effective whistleblower law used to combat fraud. It creates a liability to the United States for any person 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. Many states also have their own False Claims Act. If you have any unanswered questions you can talk to our Kansas City whistleblower attorney.

What is a “Qui Tam” Lawsuit?

The term “qui tam” is an abbreviation of a Latin phrase, “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which translates to “he who sues in this matter for the king as well as for himself.” In the context of U.S. law, a qui tam lawsuit empowers a private citizen, known as a “relator” or whistleblower, to bring a legal action on behalf of the government to recover funds lost to fraud.

Essentially, when you file a qui tam lawsuit, you are not just representing yourself; you are also acting as a representative of the United States government in combating fraud against taxpayer dollars.

Who Can File a False Claims Act Lawsuit (Qui Tam Action)?

Any individual with non-public knowledge of fraud being committed against the government can potentially be a whistleblower (relator) in a False Claims Act lawsuit. You do not need to be an employee of the person or entity committing the fraud to bring a claim. This broad eligibility encourages individuals from various backgrounds to come forward and expose wrongdoing.

Types of Fraud Under the False Claims Act

The False Claims Act (FCA) is a powerful tool to combat a wide range of fraudulent activities targeting government programs and funds. Our firm investigates and pursues claims in numerous industries, including but not limited to:

• Healthcare Fraud:
  • Medicare and Medicaid Fraud
  • Pharmaceutical Fraud
  • Medical Equipment Fraud
  • Opioid Prescription Fraud
  • Telemedicine or Telehealth Fraud
• Government Contracting Fraud:
  • Defense/Military Contractor Fraud
• Financial Fraud:
  • Finance, Banking, and Mortgage Fraud
  • Securities Fraud
  • Accounting and Finance Fraud
  • Education Fraud
  • Cybersecurity Fraud

Penalties for False Claims Act Violations

Defendants found liable for civil fraud against the U.S. government under the False Claims Act face severe penalties, including:

• Treble Damages: Three times the amount of damages the government sustained due to the fraudulent act.
• Civil Penalties: Significant fines for each false claim submitted.
• Attorneys’ Fees and Costs: The defendant is typically responsible for the whistleblower’s legal fees and associated costs.

Whistleblower Rewards & Anti-Retaliation Protections

The False Claims Act incentivizes whistleblowers by offering a share of the government’s recovery. A relator can receive between 15% and 30% of the amount recovered by the government through a successful qui tam action.

Crucially, the Federal False Claims Act also includes strong anti-retaliation provisions. These protections prohibit employers from discriminating against any individual who is involved in, provides testimony for, or assists with a False Claims Act investigation or lawsuit. This safeguards whistleblowers from adverse employment actions for exposing fraud.

If you have knowledge of fraud against the government, understanding your rights and the potential for a qui tam lawsuit is crucial. Contact an experienced False Claims Act attorney to discuss your specific situation confidentially.