Understanding Your Rights as a Qui Tam Whistleblower Under the False Claims Act in Washington

As an employee or subcontractor of Boeing or any other government contractor, you play a crucial role in ensuring that public funds are used properly and that companies adhere to federal laws and safety regulations. If you uncover fraud or wrongdoing in any way related to government contracts, it’s essential to understand your rights and responsibilities as a qui tam whistleblower under The False Claims Act (FCA).

The FCA provides significant financial rewards to whistleblowers who expose any type of fraud resulting in the federal government paying claims from contractors that are deceitful; because the government contractors did not deliver the fully legal and proper goods or services for which they were paid.

This blog post will guide you through the FCA, its implications for you, your rights to financial rewards, and your privacy protections and legal safeguards against retaliation.

What is The False Claims Act?

The False Claims Act (FCA), codified at 31 U.S.C. §§ 3729 – 3733, is a powerful federal law that imposes liability on individuals and companies that defraud governmental programs. Under the FCA, a “whistleblower,” known as a “relator,” can file a lawsuit on behalf of the government against any entity committing fraud. Examples of potential fraud under the FCA include:

• Defective Products: Supplying substandard, low quality, or non-compliant products while certifying them as meeting government standards.
• False Billing: Submitting invoices for products or services that were never provided or were overcharged.
• False Certifications: Misrepresenting compliance with applicable regulations of any kind, such as safety or environmental standards to secure contracts.
• Fraudulent Research Claims: Submitting false data or results to secure grants or funding for research projects.
• Improper Contract Modifications: Making unauthorized changes to contracts to increase payment or extend terms without proper approval.
• Inflated Costs: Charging the government more than the actual cost of goods or services, often by inflating labor hours or materials.
• Kickbacks: Offering or receiving payments (bribes) to influence contract awards or pricing.
• Lending and Insurance Schemes: Falsifications of any kind aimed at securing access to government loans or insurance programs.
• Misreporting Labor Hours: Falsely reporting the number of hours worked by employees on government contracts.
• Non-Compliance with Cost Accounting Standards: Failing to adhere to established accounting principles, resulting in inflated costs.
• Phantom Employees: Billing for employees who do not exist or who did not actually perform work.
• Sanctions and Trade Law Violations: Falsifying documentation or improper licensing, misclassification of goods, trade with sanctioned countries, or withholding of payments and tariffs.

Qui Tam Provision

The term “qui tam” comes from the Latin phrase “qui tam pro domino rege quam pro se ipso sequitur,” meaning “he who brings a case on behalf of the king, as well as for himself.” This provision allows whistleblowers to sue on behalf of the government and share in any financial recovery. This provision enables the court to substantially reward whistleblowers 15 to 30 percent of the total collected penalties mandated by law in addition to attorney fees and treble damages.

Protections for Whistleblowers in WA

One of the most significant aspects of the FCA are the confidentiality and legal protections it offers to whistleblowers. If you report fraud, the law prohibits retaliation by your employer. This includes any adverse action such as termination, demotion, harassment, or discrimination. If you experience retaliation, you have the right to pursue legal action against your employer.

Your Responsibilities as a Whistleblower

While you have robust protections under the FCA, you also have responsibilities:

1. Gather Evidence: Before filing a qui tam lawsuit, it’s crucial to collect as much evidence as possible to support your claims. This could include documents, emails, records, and witness statements.

2. File a Complaint: Your qui tam lawsuit must be filed in federal court under seal, meaning the government is notified but your identity remains confidential during the initial stages. You should consult with an attorney experienced in FCA cases to ensure that your complaint is filed correctly, ensuring your rights are protected.

3. Cooperate with Investigations: After filing, you may be asked to cooperate with the government’s investigation. Being forthcoming and honest will help bolster your case.

4. Maintain Confidentiality: Do not disclose details about your qui tam lawsuit to anyone other than your attorney. Publicly discussing your case can jeopardize the government’s investigation and your potential monetary recovery.

How to Proceed—Hire a Whistleblower Attorney in Washington

If you believe you have information regarding fraud against the government, it’s vital to seek legal counsel. Doug Cloud Law, an experienced law firm based in the Seattle-Tacoma area, specializes in qui tam cases under the FCA. Here’s how he can assist you:

• Confidential Consultation: Doug Cloud Law offers a free, confidential consultation to discuss your situation and evaluate whether you have a valid qui tam claim.
• Legal Representation: He will guide you through the complexities of the legal process, ensuring your rights are protected every step of the way.
• Maximizing Recovery: With experience in negotiating settlements and litigating cases, Mr. Cloud will work to maximize your potential recovery should the government succeed in your case.

Contact a Washington False Claims Act Lawyer Today

Whistleblowing under the False Claims Act can be a challenging and daunting decision, but it’s also an important way to protect taxpayer dollars and ensure accountability in government contracting.

Understanding your rights and responsibilities is the first step in making an informed choice. If you suspect fraud at Boeing or in your work with any other type of government contract, don’t hesitate to reach out for expert legal guidance.

For more information, or to schedule a confidential consultation, contact Doug Cloud Law at 1-253-627-1505.

Your courage to stand up against fraud can make a significant difference in promoting ethical practices and safeguarding public funds.