Can a Whistleblower Remain Anonymous?
Details of Whistleblower Cases
Several whistleblowers are in a tricky situation when they want to report a case that constitutes as fraudulent but still want it to be confidential. There are many questions that stem from these types of cases, such as:
- What constitutes as a fraudulent case?
- Can you file a case without having your name associated with the public record?
If you have found yourself in this type of situation, it is imperative that you seek help from a whistleblower attorney Los Angeles as soon as possible. At Mann & Elias, we have successfully represented many whistleblower cases and we can get you the legal help you need to protect yourself.
In this article, you will learn about these cases in detail, along with what constitutes a fraudulent case that can be reported, as well as whether you can remain anonymous in reporting a case like this.
What Kinds of Violations Are Considered Fraud?
Depending on what the government was contracting, as well as what was agreed to be paid for, would determine whether a case is considered fraudulent. If there happens to be some sort of material connection to the government’s decision to pay, then this is the usual rule that should be followed. For instance, if the act affected the government’s decision to pay for something, such as a service or good, then it can be classified as fraudulent if someone has lied about what was paid for to begin with.
For example, let’s say that a Medicare/Medicaid case fabricated the qualifications in terms of who was permitted the services–this would become an issue. Additionally, if a contractor was not properly paid a prevailing wage and there was a contract in which the government required it to be done, then this would fall under a False Claims Act liability.
With that being said, violating a law in which was a material part of the contract can result in a liability issue for a False Claims Act. Unfortunately, this is seen a lot in healthcare because there are an abundance of rules and regulations placed to keep patients safe when it comes to medical devices, pharmaceuticals, and more. For example, drugs must be marketed in a certain way in order for them to be approved by the FDA. If the pharmaceuticals are marketed in a way that does not meet the FDA’s standards, then this can cause a huge legal issue within the FDA and its users.
Therefore, if you violate these laws, you can be held liable within the False Claims Act.
How Difficult is it to Remain Anonymous as a Whistleblower?
Depending on the type of law that you’re filing a case under will determine whether or not you can remain anonymous. For instance, if you are filing a case under the Federal False Claims Act, you can file the case secretly for only a certain period of time. However, if you choose to file a case under “John Doe,” this can be very difficult to make the person who is in violation liable for their wrongdoings. Keep in mind that you will only be anonymous for a certain period of time while the government is investigating the case.
Therefore, you can use that time wisely and hire a Los Angeles whistleblower lawyer to protect your rights while the government is taking that time to investigate the case.
The case will eventually become public once the government makes a decision about whether they are going to support your case or not. This process does take a while.
In some cases, you have the ability to file a case under the SEC whistleblower law and the CFTC whistleblower law, which allow you to sue for security fraud. In these types of cases, it is easier for you to remain anonymous and only the agencies will know who filed the case instead of the public.
Contact a Whistleblower Attorney
If you have any questions regarding these cases, you should contact our team of employment lawyers in Los Angeles to get you the legal help you need. We will help and support you every step of the way to make sure that you are protected.
We are extremely well-versed in these types of cases, and will make sure that you get the legal help you need.