At Equal Justice Solutions, our whistleblower lawyers advocate for brave individuals who step up to expose financial deception, public resource mismanagement, and serious corporate violations. If you are preparing to alert authorities about unlawful Medicaid billing under the False Claims Act, tax evasion involving the IRS, or securities breaches brought before the SEC, our firm is fully prepared to assist you. Our experience includes addressing retaliation attempts, advising clients on confidential court submissions, handling subpoena requirements, and navigating the complexities of long term investigative actions.
We are not here as bystanders. This is the work we are dedicated to at the deepest level.
A whistleblower in Delaware is a person who reveals improper, illegal, or unethical activity occurring inside an organization, company, or agency, with the intention of halting wrongdoing and ensuring that the public interest is defended. At Equal Justice Solutions, our focus is on major forms of legally protected whistleblowing that relate to areas including:
The False Claims Act (31 U.S.C. §§ 3729–3733) functions as the federal government’s leading enforcement mechanism for uncovering and addressing fraud tied to federal programs or funds. Individuals who report False Claims Act misconduct may be entitled to receive notable financial rewards, which generally fall within a 15% to 30% share of whatever amount the government recovers.
Many FCA matters proceed as qui tam lawsuits, which means the whistleblower, known legally as the relator, files the action on behalf of the United States. The Department of Justice can decide to step in or decline involvement. These filings frequently remain sealed for considerable periods that may extend into several months or multiple years.
Recurring forms of FCA violations include:
Even remaining silent can function as a fraudulent act since the FCA imposes liability when a person knowingly fails to return an overpayment or deliberately hides noncompliance. In Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016), the Supreme Court ruled that omissions and incomplete disclosures can be treated as violations of the FCA when they are important to the government’s payment determination. The Court made clear that implied false certification, which includes failing to speak up about noncompliance, may be considered fraud when certain representations are made and those representations turn misleading because of missing information.
Any lawyer with substantial whistleblower experience will emphasize that timing often determines the outcome.
According to the First to File Rule in the False Claims Act (31 U.S.C. § 3730(b)(5)), only the earliest whistleblower to file a qui tam case is entitled to move forward and potentially share in the funds that the government recovers. If another person submits a filing even one day before you, you could be fully barred, even in circumstances where they learned the information directly from you. Courts enforce this rule with unwavering precision, as demonstrated in United States ex rel. Wood v. Allergan, Inc., 899 F.3d 163 (2d Cir. 2018).
The FCA also contains a Statute of Limitations, requiring you to file within six years of the underlying misconduct or within three years of when the government discovered or reasonably should have discovered the fraud, with an absolute limit of ten years from the date of violation. See Cochise Consultancy, Inc. v. United States ex rel. Hunt, 587 U.S., 139 S. Ct. 1507 (2019).
If filing is something you are seriously contemplating, consult a whistleblower attorney as soon as possible. Any hesitation could result in losing your right to recover.
To properly construct a whistleblower action in Delaware under the FCA, you will need:
This can involve presenting an untrue invoice for payment or knowingly encouraging another party to submit one. Examples include padding invoices, claiming services that were never performed, or falsely confirming that all contractual expectations were met when they were not.
This encompasses actual knowledge, reckless disregard for the truth, or deliberate ignorance. There is no need to prove a direct intent to cheat the government. Evidence showing that the defendant ignored obvious red flags or acted with extreme negligence is sufficient to meet this element.
The inaccuracy must be important enough to affect the government’s determination to pay a claim. As clarified in Escobar, small mistakes or insignificant compliance issues are not enough. Ordinary clerical errors or technical missteps usually do not trigger FCA consequences. Large scale deception, purposeful misuse of federal funds, or substantial misleading statements that shape payment decisions will meet the threshold.
To build a whistleblower claim under the FCA, you need:
Additionally, the FCA reaches:
In short: the FCA is not aimed at simple slip-ups or harmless clerical mistakes. But when the facts show systemic failures, reckless evasion, or intentional misconduct, you are almost certainly in the realm of FCA liability.
In addition to what the False Claims Act provides, federal authorities have established significant compensation and safeguard programs operated by the IRS and the SEC.
According to 26 U.S.C. § 7623, anyone who exposes tax fraud cases involving amounts over $2 million could be entitled to 15 to 30 percent of the recovery achieved by the IRS. This initiative is aimed at detecting significant noncompliance, underpayment, or fraudulent practices, typically by corporations or individuals with high net worth. Cases remain confidential throughout the investigative process, often taking years to conclude, but the financial incentives for eligible whistleblowers are substantial.
As established under 15 U.S.C. § 78u-6, whistleblowers who disclose violations of securities regulations, such as insider trading, accounting manipulation, or false reporting, may receive 10 to 30 percent of collected fines or penalties. The SEC allows anonymous submissions through attorneys and maintains rigorous anti-retaliation rules to protect whistleblowers. Over time, this program has generated some of the most significant whistleblower payouts ever awarded in the United States.
Across America, courageous whistleblowers have helped the government recover billions in public funds and have, on occasion, been granted awards that transform their financial futures. These examples demonstrate the extraordinary results that are possible when truth-tellers take action with both bravery and legal guidance:
It should be noted that these cases are not typical. Still, they show that individuals who report wrongdoing through the correct procedures can earn substantial rewards that have the potential to change their lives dramatically.
Regardless of whether your case involves the FCA, IRS, or SEC, federal law offers safeguards to ensure that whistleblowers are shielded from any form of retaliation, including:
You may be entitled to:
At Equal Justice Solutions, we arrange our fees in a way that reflects our core purpose while taking your financial situation into account.
Most FCA matters we handle are taken on a complete contingency basis, meaning there is no cost to you unless your case is successful and results in recovery.
For IRS and SEC claims, we typically employ either a full contingency arrangement or a hybrid structure, which includes a flat fee for investigative or strategic services, followed by a contingency fee for any recovered funds. Our advice is always honest and tailored to the details of your case.
Additionally, we assess all cases for potential state and local whistleblower protections. These laws can provide parallel safeguards and recovery options that are frequently missed by other firms, offering an extra layer of advantage for clients.
This is not something you can handle on your own. FCA and whistleblower cases are notoriously complex and involve highly unusual federal procedures. Claims must be submitted under seal, require detailed material specificity, and a single misstep, even one made in good faith, can result in the dismissal of a case before it is ever heard.
Common mistakes include:
Failing to submit a complaint under seal is a common and critical error that frequently results in immediate dismissal of the case before it can be evaluated on the merits.
Making the contents of your claim public can invoke the public disclosure bar. In the United States ex rel. Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. 401 (2011), information obtained through FOIA requests was deemed public and barred the whistleblower’s suit from moving forward.
Improperly revealing a sealed complaint can lead to penalties or sanctions. The Supreme Court addressed this in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, 580 U.S. 39 (2016), noting that while dismissal was not required in that situation, breaching the seal carries potentially severe consequences.
Many lawyers do not have the expertise required to navigate FCA, IRS, or SEC rules, and as a result, they often make mistakes that can derail a whistleblower claim.
We also analyze every case for potential claims under state and local whistleblower laws, many of which provide additional protections and opportunities for recovery that are frequently overlooked by generalist firms.
An illustrative example is People v. Sprint Communications, Inc., where the New York Attorney General successfully secured a $330 million recovery under the state’s False Claims Act. The allegations involved Sprint’s deliberate failure to collect and remit state taxes on certain wireless services, demonstrating the powerful role state whistleblower laws can play in enforcing accountability and securing compensation.
Do not come forward as a whistleblower simply because of frustration or anger. Come forward because you cannot tolerate the wrongdoing you have witnessed. If you have already spoken up and faced pushback, you are exactly why we are here.
For Delaware clients, our experienced team works closely with the nationwide law firm Wade Kilpela Slade to provide comprehensive support on FCA and whistleblower matters. Most cases in Delaware are staffed with three to four attorneys, bringing federal expertise, trial preparedness, and a client-focused approach that prioritizes your protection and recovery.