Whistleblower Laws – Process & Claims

medicalrecords

Both the Federal and State Government agencies have whistleblower laws that provide monetary incentive to individuals who provide clues or hints of frauds that take place in the corporate, medical and financial sectors.  The hints should be of such a nature that without them the fraud would not have come to light.

The process of the reporting fraud under the whistleblower law might seem to be simple but the process of claiming the cash reward under the whistleblower law seems somewhat complicated. And in scenarios where the whistleblower wants his identity to be kept under cover, then the process becomes even more complex report medicare fraud.

The Whistleblower Process:

Filing a whistleblower claim could be a tougher job to do as an individual but when it is processed and taken forward by a legal team it might prove to be a lot easier. When a client (in this case the whistleblower) contacts a legal team for the whistleblower process, the following processing works are done:

  • medicare-fraudFirst and foremost the claim is been evaluated to find out the possibilities of success and also the client is educated on the legal procedures as to how the case has to be taken forward.

  • The objective and the financial, professional and personal value of a claim are clearly studied to know the turn of the case.

  • The credibility of the case and the supporting documents and evidences are then verified.

  • The value of the amount that the government is going to recover out of the evidence that is going to be submitted and also the whistleblowers share are all analyzed in detail.

  • After a thorough study of the case a graphical documentation of the total case is prepared for presentation to the respective federal agencies.

  • After the presentation it is delivered to the related agency according to the type of fraud.

  • After filing the case, the legal team closely follows the progress of the case and keeps submitting the required documents as and when requested by the regulatory bodies.

  • The DOJ or the IRS holds an interview with the whistleblower to know the depth and nature of the case and have a deep understanding of the entire case.

  • The total whistleblower case may take years to complete and till then the confidentiality of the case is to up held by the whistleblower.

Here are some tips for preparing and protecting the confidentiality of the Whistleblower claims:

08042014_medical_credit_cardThe confidentiality of the whistleblower cases should be maintained and is very vital for the case to progress in the right path. Discussing about the matter with a third person is strictly prohibited. The case should be within the whistleblower, the DOJ and the whistleblower lawyer handling the case.

Before actually attending the interview with the DOJ, the whistleblower has to write down all that he knows about the fraud and he has to have a voice recorder or pad ready to note down points that might prove to be essential to the case. These include

  • The whereabouts of the documents, computer data, physical files and other related evidences.
  • The details of the individuals who are aware and know about the fraud that is happening.
  • The rules and laws that have been possibly violated.
  • Any relationship between the whistleblower and the fraud and if the whistleblower is involved in the particular fraud and the extent of his involvement.

The recording and the accessing of files and data’s should be done in a legal way and care should be taken that in the process of gathering evidence the state and federal laws should not be broken. The whistleblower should be truest to his senses while discussing the details of the fraud with his attorneys. The total fraud should be explained in black and white regardless of the whistleblowers personal opinion. Information, which he might think is not important, might prove to be vital in the attorney’s point of view, so anything and everything should be poured out.

It is also very important that only the first person that files a fraud discovery under the whistleblower law is the one who will be eligible to file for a claim under the whistleblower law. If somebody else has already done that, then your information or findings might not prove to be evidence.