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At Equal Justice Solutions, our whistleblower legal team proudly represents those who come forward to uncover financial wrongdoing, administrative misuse, and corporate acts that violate the law. Whether your report involves fraudulent Medicaid billing tied to the False Claims Act, tax related misconduct submitted to the IRS, or securities offenses presented to the SEC, our commitment to you remains unwavering. We have confronted cases involving retaliatory tactics, guided clients through sealed complaint procedures, and supported them through extensive investigations that extend across multiple years.
We are not outsiders in this arena. This is the mission that drives every part of what we do.
A whistleblower in New York is someone who discloses unlawful, unethical, or harmful conduct that takes place within a business, institution, or similar entity, with the goal of stopping the behavior and promoting the protection of the public interest. At Equal Justice Solutions, we concentrate on high level, legally safeguarded whistleblowing matters that involve issues such as:
The False Claims Act (31 U.S.C. §§ 3729–3733) stands as the federal government’s principal legal tool for confronting fraudulent practices connected to federal spending. Whistleblowers who report abuses of the False Claims Act may qualify for meaningful monetary awards, often ranging from 15% to 30% of the funds the government manages to recover.
FCA matters are usually filed as qui tam actions, meaning the whistleblower, identified as the relator, brings the lawsuit in the name of the United States. The Department of Justice has the discretion to intervene or decline involvement. These cases may be kept under seal for lengthy periods that can span months or even years.
Regular categories of FCA violations include:
Even a lack of disclosure can constitute fraud since the FCA creates liability for knowingly retaining overpayments or concealing conduct that violates program requirements. In Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016), the Supreme Court concluded that omissions and incomplete statements may be actionable when they are material to the government’s choice to pay a claim. The Court affirmed that implied false certification, including silent withholding of noncompliance, can rise to the level of fraud when specific representations are offered and those representations are rendered deceptive through omitted facts.
Any knowledgeable whistleblower lawyer will warn you that timing is one of the most critical factors in these cases.
Under the First to File Rule set forth in the False Claims Act (31 U.S.C. § 3730(b)(5)), the whistleblower who files first is the only individual permitted to continue with the case and claim a percentage of the government’s recovery. If another person files ahead of you, even by a single day, your case may be fully blocked, even when that individual obtained their information from you. Courts apply this rule with firmness, as illustrated in United States ex rel. Wood v. Allergan, Inc., 899 F.3d 163 (2d Cir. 2018).
The FCA also imposes a Statute of Limitations that requires filing within six years of the fraudulent act or within three years of the point when the government became aware, or should reasonably have become aware, of the fraud, with a firm outer cap 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 even a possibility for you, contact a whistleblower attorney without delay. Waiting could result in losing your opportunity entirely.
To move forward with developing a whistleblower case in New York under the FCA, you are required to have:
This refers to either submitting an improper claim yourself or knowingly causing another party to send one in. This includes practices such as overcharging for services, submitting bills for work that never occurred, or misrepresenting adherence to contract or program requirements.
This involves actual awareness, reckless indifference, or intentional avoidance of the truth. You are not required to show explicit fraudulent intent. Demonstrating that the defendant turned a blind eye, ignored clear evidence, or acted with severe carelessness is enough to satisfy this component.
The falsehood must be meaningful enough to shape the government’s decision about payment. Escobar reaffirmed that trivial mistakes or routine compliance errors do not automatically qualify. Simple administrative oversights or small departures from regulations rarely meet the standard. Yet persistent deception, intentional misuse of public resources, or significant misrepresentations that influence payment will meet the materiality requirement.
To build a whistleblower claim under the FCA, you need:
Additionally, the FCA reaches:
In short: the FCA does not target minor missteps or ordinary administrative errors. But when conduct involves serious operational failures, reckless avoidance of obligations, or overt fraud, you are almost certainly confronting an FCA violation.
Beyond the remedies available under the False Claims Act, the federal government supports additional high-impact whistleblower protection and incentive programs through the IRS and the SEC.
Under 26 U.S.C. § 7623, individuals who report tax fraud that involves amounts exceeding $2 million may be eligible to claim 15 to 30 percent of the total funds recovered by the IRS. The program is designed to uncover serious financial misconduct or underpayment, often committed by major corporations or affluent individuals. These matters are handled in strict confidence and can require several years to fully resolve, yet the potential rewards for successful whistleblowers are significant.
Pursuant to 15 U.S.C. § 78u-6, those who report violations of securities laws, including insider trading, financial statement fraud, or inaccurate filings, may be entitled to 10 to 30 percent of any sanctions collected. Whistleblowers can submit tips anonymously through counsel, and the SEC enforces strong protections against retaliation. This initiative has led to some of the largest monetary awards ever given to whistleblowers in U.S. history.
From coast to coast, whistleblowers have contributed to the recovery of billions of taxpayer dollars and in some situations have earned rewards that make a profound difference in their lives. These stories highlight the impact that can be achieved when individuals speak out with integrity and have the protection of the law behind them:
For clarity, these instances represent unusual outcomes. However, they highlight the fact that whistleblowers who follow the proper legal steps can obtain meaningful awards that may provide life-changing benefits.
Whether you are pursuing a claim under the FCA, reporting to the IRS, or submitting information to the SEC, federal protections exist to prevent retaliation against whistleblowers, covering:
You may be entitled to:
At Equal Justice Solutions, the way we set our fees is intended to support our mission and remain mindful of your specific reality.
We accept almost all FCA cases on a contingency basis, ensuring that you pay nothing unless we secure a favorable result for you.
Cases involving IRS or SEC claims are generally handled either entirely on contingency or through a combined model that charges a flat fee for initial investigative or advisory work, followed by a contingency fee tied to recovery. We give straightforward guidance that reflects the realities of your particular situation.
Every case is also evaluated for state and local whistleblower laws, which frequently offer additional recovery opportunities and protective measures. These avenues are often missed by generalist firms but can make a significant difference for whistleblowers pursuing their claims.
This is not a process for amateurs. False Claims Act and whistleblower matters rank among the most procedurally unique and legally sophisticated cases in federal law. Filing under seal is mandatory, allegations must be materially detailed, and even well-meaning errors can derail a case before it is adjudicated.
Common mistakes include:
Submitting a whistleblower complaint without first sealing it is a serious mistake that often leads to dismissal, as courts consider this an essential procedural requirement.
Sharing the allegations outside of the proper channels can trigger the public disclosure bar. For instance, in the United States ex rel. Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. 401 (2011), information released through FOIA was treated as public disclosure, preventing the relator from pursuing the case.
Revealing a sealed complaint can have serious legal consequences, including possible sanctions. The Supreme Court highlighted this risk in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, 580 U.S. 39 (2016). Although dismissal was not required in that case, the Court emphasized that violating the seal can carry significant repercussions.
Many attorneys do not have sufficient training in FCA, IRS, or SEC procedures, which can result in significant errors that threaten the success of a whistleblower claim.
We also evaluate each case to determine whether state or local whistleblower laws may apply. These laws often provide overlapping protections and additional financial recovery options that are regularly missed by generalist firms.
For instance, in People v. Sprint Communications, Inc., the New York Attorney General recovered $330 million under the state False Claims Act for allegations that Sprint knowingly failed to collect and remit state taxes on certain wireless services. This case underscores how state-level legislation can offer powerful tools for recovery and ensure corporate accountability.
Do not blow the whistle because of resentment or frustration. Blow it because you cannot abide by the lies or misconduct you have witnessed. If you have already spoken up and experienced retaliation, you are the reason we exist.
For clients in New York, our multi-lawyer team, in partnership with Wade Kilpela Slade, ensures that False Claims Act cases are fully staffed and carefully managed. Typically, New York FCA matters are supported by three to four attorneys who combine trial readiness, deep federal experience, and a client-centered focus to protect your rights and pursue the recovery you deserve.