At Equal Justice Solutions, our whistleblower attorneys stand firmly with individuals who choose to reveal financial fraud, government waste, and unlawful corporate behavior. Whether you are stepping forward to report improper Medicaid billing through the False Claims Act, tax schemes to the IRS, or securities wrongdoing to the SEC, you can rely on our full support. Our team has confronted retaliation in many forms, and we have guided clients through sealed filings, demanding subpoena processes, and lengthy investigations that span years.
We are not casual participants in this work. This is our calling and our purpose.
A whistleblower in Pennsylvania is an individual who brings unlawful or unethical behavior to light, usually within a workplace, company, or institution, with the purpose of stopping the misconduct and safeguarding the broader public interest. At Equal Justice Solutions, we devote our practice to significant, legally protected whistleblowing efforts that involve matters such as:
The False Claims Act (31 U.S.C. §§ 3729–3733) serves as the federal government’s central tool for combating fraud that involves federal dollars. Whistleblowers who come forward with information about violations of the False Claims Act may qualify for significant financial awards, typically ranging from 15% to 30% of the total amount the government ultimately recovers.
FCA actions are frequently filed as qui tam lawsuits, which means the whistleblower, referred to as the relator, initiates the case on the government’s behalf. The Department of Justice has the authority to intervene in the case or decline to do so. These matters frequently remain sealed for extended periods that can last months or even years.
Common examples of FCA violations include:
Even silence can amount to fraud because under the FCA, knowingly keeping overpayments or concealing violations can create liability. In Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016), the Supreme Court determined that omissions and partial truths may be treated as actionable misconduct when they are significant to the government’s decision to issue payment. The Court confirmed that implied false certification, including staying silent about noncompliance, may qualify as fraud when specific statements are made and those statements become misleading through what is left unsaid.
Any seasoned whistleblower attorney will explain that timing plays a decisive role in whether your case succeeds.
Under the First to File Rule of the False Claims Act (31 U.S.C. § 3730(b)(5)), only the first individual to submit a qui tam complaint is allowed to move forward and qualify for a portion of the government’s financial recovery. If another person files even a single day before you, you may be entirely barred, even when that person obtained the information directly from you. Courts apply this rule with strictness, as seen in United States ex rel. Wood v. Allergan, Inc., 899 F.3d 163 (2d Cir. 2018).
There is also a Statute of Limitations within the FCA, which requires that a filing occurs within six years of the violation or within three years of the point when the government discovered or reasonably should have discovered the fraudulent conduct, with a hard limit of no more than ten years after the violation took place. See Cochise Consultancy, Inc. v. United States ex rel. Hunt, 587 U.S., 139 S. Ct. 1507 (2019).
If the possibility of filing is even crossing your mind, you should speak with a whistleblower attorney immediately. Waiting too long could jeopardize everything.
To successfully establish a whistleblower claim in Pennsylvania under the FCA, you must have:
This may involve directly submitting a false request for payment or knowingly causing someone else to submit one. Such conduct can take many forms, including inflated billing practices, fabricated service charges, or falsely asserting compliance with contractual or regulatory obligations.
This includes actual awareness, reckless disregard, or deliberate avoidance of the truth. You do not need to show a clear intent to deceive. A whistleblower can rely on proof that the defendant ignored obvious warning signs or behaved with serious carelessness that rises to the level of willful blindness.
The misrepresentation must be substantial enough to influence the government’s choice to pay a claim. As explained in Escobar, not every error or regulatory misstep will qualify. Routine administrative mistakes or minor lapses in compliance typically fall short. However, calculated deception, misuse of taxpayer funding, or major misstatements that affect payment decisions will satisfy this requirement.
To build a whistleblower claim under the FCA, you need:
Additionally, the FCA reaches:
In short: the FCA is not designed to penalize genuine errors. But when the circumstances involve major mismanagement, reckless concealment, or intentional deceit, you are very likely dealing with conduct that falls within FCA boundaries.
Apart from the False Claims Act, the federal government also runs substantial whistleblower reward and protection initiatives through the IRS and the SEC.
Pursuant to 26 U.S.C. § 7623, individuals who come forward with information about tax fraud exceeding $2 million may qualify to receive between 15 and 30 percent of the total amount the IRS recovers. The program focuses on uncovering substantial underpayments or fraudulent activity, often involving large corporations or wealthy individuals. These investigations are handled confidentially, can last several years, and while the process may be lengthy, the potential financial rewards for whistleblowers can be considerable.
Under 15 U.S.C. § 78u-6, those who report violations of securities laws, including insider trading, accounting fraud, or misleading corporate filings, may be eligible for 10 to 30 percent of the monetary penalties collected by the SEC. The agency permits whistleblowers to submit reports anonymously through legal counsel and enforces strict anti-retaliation protections. This program has produced some of the largest whistleblower awards in the history of the United States.
Throughout the United States, whistleblowers have played a crucial role in reclaiming billions of taxpayer dollars and, in certain instances, have received awards that dramatically change their lives. These cases illustrate the remarkable outcomes that can occur when individuals step forward with honesty and are supported by the law:
To be clear, these examples are exceptional. Nevertheless, they demonstrate that whistleblowers who adhere to the proper legal channels can receive significant awards that may have a transformative impact on their lives.
Whether your matter falls under the FCA, the IRS, or the SEC, federal statutes provide protection for whistleblowers against retaliation, which may include:
Firing, demotion, or blacklisting
Harassment or threats
Loss of income or benefits
You may be entitled to:
At Equal Justice Solutions, our fee structure is designed to align with both our mission and your individual circumstances.
We handle nearly every FCA case on a full contingency basis, which means you are not responsible for any fees unless we achieve a successful outcome on your behalf.
These matters are usually managed either entirely on contingency or through a hybrid approach, which may involve a flat fee for investigative or strategic work, followed by contingency fees for any recovery. We provide candid guidance based on the specifics of your situation.
We also review every potential case for applicable state and local whistleblower statutes, many of which provide additional protections and opportunities for recovery. These laws are often overlooked by general practice firms but can significantly benefit your claim.
This is not a do-it-yourself process. Cases under the False Claims Act and other whistleblower statutes are among the most procedurally intricate and legally demanding matters in federal practice. Submissions must be filed under seal, claims must include materially specific details, and even a seemingly minor error can cause a case to fail before it reaches the courtroom.
Common mistakes include:
Submitting a complaint without the required seal can result in automatic dismissal of the case, as courts treat this as a fundamental procedural error.
Revealing your claims publicly can trigger the public disclosure bar. For example, in the United States ex rel. Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. 401 (2011), documents obtained through FOIA were considered public disclosures that prevented the relator from proceeding.
Violating the confidentiality of a sealed complaint can carry serious repercussions, potentially leading to sanctions. The Supreme Court emphasized this in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, 580 U.S. 39 (2016). While the Court did not require dismissal in that instance, it made clear that breaches of the seal may have significant consequences.
Many attorneys lack specialized training in FCA, IRS, or SEC procedures, which often leads to critical mistakes that can jeopardize a whistleblower’s case.
We also review every matter for applicable state and local whistleblower statutes. These laws frequently provide parallel protections and additional opportunities for recovery that are commonly missed by general practice firms.
For example, in People v. Sprint Communications, Inc., the New York Attorney General recovered $330 million under the state False Claims Act after allegations that Sprint knowingly failed to collect and remit required state taxes on certain wireless services. This case highlights how state-level statutes can create powerful avenues for financial recovery and hold wrongdoers accountable.
Do not step forward as a whistleblower out of anger. Step forward because dishonesty or wrongdoing is something you cannot ignore. If you have already raised concerns and faced retaliation, you are precisely why we exist.
For our clients in Pennsylvania, our multi-lawyer team ensures that your FCA or whistleblower matter receives the depth and attention it deserves. We also partner with the nationwide law firm Wade Kilpela Slade, so every case is fully supported. Typically, Pennsylvania clients’ FCA matters are handled by a team of three to four attorneys who combine trial readiness, federal expertise, and a commitment to protecting your rights and interests.