Whistleblower Attorney | Equal Justice Solutions

“Blessed are those who are persecuted for righteousness’ sake, for theirs is the kingdom of heaven.” Matthew 5:10

If you’re being punished for doing the right thing, Equal Justice Solutions stands with you. 

Whistleblower Attorney for High-Stakes Truth-Telling

At Equal Justice Solutions, our whistleblower attorneys represent truth-tellers who expose financial fraud, government waste, and corporate misconduct. Whether you’re reporting illegal Medicaid billing under the False Claims Act, tax fraud to the IRS, or securities violations to the SEC—we have your back. We’ve seen retaliation. We’ve helped clients navigate sealed complaints, subpoenas, and multi-year investigations.

We’re not tourists. This is our ministry.

What Is a Whistleblower?

A whistleblower is someone who exposes illegal or unethical conduct—typically inside a company or institution—with the intent to stop wrongdoing and protect the public interest. At Equal Justice Solutions, we focus on high-stakes, legally protected whistleblowing that affects:

  • Government contracts and public funds
  • Securities and financial markets
  • Tax fraud and evasion
  • Healthcare and pharmaceutical programs
  • Academic, research, and grant fraud
  • Retaliation for protected disclosures

The False Claims Act (FCA): Your Most Powerful Legal Tool

The False Claims Act (31 U.S.C. §§ 3729–3733) is the government’s primary weapon against fraud involving federal funds. Whistleblowers who report False Claims Act violations may be eligible for **substantial awards**—ranging from 15% to 30% of the amount the government recovers.

FCA cases are often brought as *qui tam* suits, meaning the whistleblower (called the relator) sues on behalf of the government. The Department of Justice can choose to intervene—or not. The case may stay sealed for months or years.

Typical FCA violations include:

  • Billing Medicare or Medicaid for services not provided
  • Kickbacks to doctors or hospitals for referrals
  • False certifications to obtain federal loans or grants
  • Overbilling or price fixing on government contracts

 

Even silence can be a fraud—under the FCA, knowingly failing to return overpayments or hiding noncompliance may trigger liability. In Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016), the Supreme Court held that omissions and half-truths can be actionable under the FCA when they are material to the government’s payment decision. The Court affirmed that implied false certification, including silence about noncompliance, may constitute fraud when specific representations are made and those representations are misleading by omission.

You Must Act First—and Fast

Any experienced whistleblower attorney will tell you: timing is everything.

Under the First-to-File Rule of the False Claims Act (31 U.S.C. § 3730(b)(5)), only the first whistleblower to file a qui tam action is eligible to proceed and recover a share of the government’s recovery. If someone else files—even one day earlier—you may be completely barred, even if they learned the information from you. Courts strictly enforce this bar. United States ex rel. Wood v. Allergan, Inc., 899 F.3d 163 (2d Cir. 2018).

There is also a Statute of Limitations under the FCA: you must file within six years of the violation or within three years of when the government knew or should have known about the fraud—but never more than ten years from the violation. See Cochise Consultancy, Inc. v. United States ex rel. Hunt, 587 U.S. ___, 139 S. Ct. 1507 (2019)

If you’re even considering filing, speak to a whistleblower lawyer now. Delay could cost you everything.

What Counts as “Fraud”?

To build a whistleblower claim under the FCA, you need:

  • A false or fraudulent claim submitted to the government—or knowingly causing one to be submitted. This includes schemes like overbilling, ghost billing, or falsely certifying compliance with contract requirements.
  • Knowledge—either actual knowledge, reckless disregard, or deliberate ignorance. In other words, you don’t need to prove intent to defraud; willful blindness or gross negligence is enough.
  • Materiality—the falsehood must be significant enough to influence the government’s decision to pay. As clarified in Escobar, not every mistake or regulatory slip-up qualifies. “Garden-variety” errors or minor noncompliance generally won’t trigger FCA liability. But systematic deception, knowing misuse of public funds, or flagrant misrepresentations will.

Additionally, the FCA reaches:

  1. Conspiracy to defraud the government, including collusion between contractors or insiders to inflate costs or falsify certifications.
  2. Causing the government to pay too much for something, even if the defendant doesn’t directly submit the claim—so long as they set the wheels in motion. For example, in United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., 839 F.3d 242 (3d Cir. 2016), the court allowed an FCA claim to proceed where a company allegedly failed to mark imported goods with their country of origin, causing the government to miss out on lawful tariffs. The case illustrates how fraud that indirectly drives up government costs—through deception or omission—can support FCA liability.

In short: the FCA doesn’t punish honest mistakes. But if you’re looking at serious mismanagement, reckless cover-ups, or deliberate fraud—you’re likely in FCA territory.

IRS & SEC Whistleblowers

In addition to the False Claims Act, the federal government offers powerful reward and protection programs through the IRS and SEC.

  • IRS Whistleblower Program: Under 26 U.S.C. § 7623, individuals who report tax fraud involving over $2 million may be eligible for 15–30% of the recovery. The IRS program is designed to uncover significant underpayments or misconduct by corporations and high-net-worth individuals. These cases are confidential and often take years to resolve, but the rewards can be substantial.
  • SEC Whistleblower Program: Under 15 U.S.C. § 78u-6, whistleblowers who report securities law violations—like insider trading, accounting fraud, or false filings—may receive 10–30% of monetary sanctions collected. The SEC allows anonymous filings through counsel and enforces strong anti-retaliation rules. This program has resulted in some of the largest whistleblower awards in U.S. history.

Case Citations: Proof Over Promises

Across the country, whistleblowers have helped recover billions in taxpayer dollars—and in some cases, received life-changing awards. These examples show what’s possible when truth-tellers come forward with courage and legal backing:

  • Bradley Birkenfeld received a $104 million IRS award after reporting offshore banking fraud at UBS. See Birkenfeld v. Comm’r, 117 T.C. 259 (2001); U.S. Senate Report No. 110-70 (2007).
  • Cheryl Eckard, a quality manager at GlaxoSmithKline, received a $96 million FCA award after exposing contamination and safety violations at a Puerto Rico facility. Her case led to a $750 million settlement with the federal government. See United States ex rel. Eckard v. GlaxoSmithKline, No. 1:07-cv-10388 (D. Mass. 2010).
  • Joseph Thomas, a lab analyst at Duke, secured a $33.75 million FCA award after exposing falsified research. United States ex rel. Thomas v. Duke University, No. 1:13-cv-00098 (M.D.N.C.).
  • In 2023, the SEC awarded $279 million to a whistleblower—the largest in history. See SEC Release No. 34-97493 (May 5, 2023).

 

To be clear, these cases are outliers. However, they illustrate that rewards to whistleblowers who follow the correct procedures can be substantial, and potentially life-changing.

Protections Against Retaliation

Whether your case is under the FCA, IRS, or SEC, federal law protects whistleblowers from retaliation, including:

  • Firing, demotion, or blacklisting
  • Harassment or threats
  • Loss of income or benefits

You may be entitled to:

  • Double back pay
  • Reinstatement or front pay
  • Emotional distress damages
  • Attorneys’ fees and litigation costs

Payment Structure: Transparent and Aligned with Justice

At Equal Justice Solutions, we structure our fees to reflect our mission—and your reality.

  • False Claims Act (FCA) Cases: We take nearly all FCA matters on a complete contingency basis. You pay nothing unless we win.
  • IRS & SEC Whistleblower Cases: These are typically handled through either a full contingency model, or a hybrid structure (a flat fee for investigative or strategic services, followed by contingency for recovery). We’ll advise you honestly based on the facts.

 

We also evaluate every case for state and local whistleblower laws, many of which offer parallel protections and additional recovery opportunities—but are often overlooked by generalist firms.

Why You Need an Experienced Whistleblower Attorney

This process is not DIY. False Claims Act and whistleblower matters are some of the most procedurally unusual and legally complex cases in federal practice. Filing under seal is required; claims must be materially specific; and even a well-intentioned misstep can tank a case before it’s heard.

Common mistakes include:

  • Filing without sealing the complaint—an error that often leads to automatic dismissal
  • Publicly disclosing the allegations—triggering the public disclosure bar, as seen in United States ex rel. Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. 401 (2011), where documents obtained through FOIA were deemed public disclosures that barred suit
  • Breaking the seal—potentially resulting in sanctions, as the Supreme Court acknowledged in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, 580 U.S. 39 (2016). Though the Court declined to mandate dismissal in that case, it affirmed that violations of the seal may have serious consequences
  • Hiring a generalist lawyer—many attorneys simply aren’t trained in FCA, IRS, or SEC procedure, and make critical errors


We also evaluate every case for state and local whistleblower laws, many of which offer parallel protections and additional recovery opportunities—but are often overlooked by generalist firms.

For example, in People v. Sprint Communications, Inc., the New York Attorney General secured a $330 million recovery under the state’s False Claims Act based on allegations that Sprint knowingly failed to collect and remit state taxes on certain wireless services. The case shows how state laws can open powerful avenues for recovery and accountability.

  • Failing to preserve retaliation claims or letting key deadlines lapse

At Equal Justice Solutions, we offer: At Equal Justice Solutions, we offer:

Real Talk: Is This the Right Move?

Don’t blow the whistle because you’re angry.
Blow it because you can’t live with the lie.

If you’ve already spoken up and they came for you—you’re exactly why we exist.
In addition to our multi-lawyer team, we proudly partner with the nationwide law firm Wade Kilpela Slade to ensure False Claims Act cases are staffed with the depth they demand. Typically, FCA matters are supported by a team of three to four attorneys, combining trial-readiness, federal expertise, and mission alignment.

Ready to talk to a whistleblower lawyer who understands the risk, the calling, and the system?

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Contact Us Now!