Choosing the Right Program(s)
Fraudulent conduct often falls under multiple whistleblower programs. For example, a medical device company that pays millions in bribes to foreign officials in India is violating the Foreign Corrupt Practices Act and subject to a Securities claim. That company may also be unlawfully claiming the kickbacks as business expenses, in which case the relator could also file a tip through the IRS Office.
Cases initiated by those who blew the whistle have recovered over $40 billion since 1987. In response, corporations are using increasingly sophisticated techniques to cheat the authorities and hide their wrongdoing. To combat this, the U.S. government has enacted additional laws and strengthened existing practices to better protect those who come forward and make the process easier and more rewarding. These recent changes include provisions that allow individuals to report an illegal scheme anonymously for certain types of cases and for citizens of other countries to also collect awards.
In addition to the federal programs, dozens of state legislatures have passed laws similar to the False Claims Act. It’s not uncommon to receive rewards from both a Federal FCA settlement and several state programs as well.