What should I do if I discover fraud against the government?

If you have evidence of fraud involving government contracts, healthcare programs, or financial misrepresentation, you may be eligible to file a whistleblower lawsuit under the False Claims Act. A False Claims Act attorney can help you understand your rights and the legal steps involved in reporting fraud.

How does the False Claims Act protect whistleblowers?

The False Claims Act provides legal protections against retaliation, such as termination or demotion, for individuals who report fraud. Whistleblowers may also be eligible for financial compensation if their case leads to a successful recovery.

What are my rights if I was wrongfully terminated from my job in Massachusetts?

Massachusetts laws, including Chapter 151B and the Massachusetts Wage Act, provide protections for employees against wrongful termination, workplace discrimination, and retaliation. An employment law attorney can help determine if you have a legal claim.

Can I sue for damages if I was harmed by a defective product?

Yes, Massachusetts product liability laws allow consumers to seek compensation for injuries caused by unsafe products, including medical devices, pharmaceuticals, and consumer goods. A defective product attorney can help determine liability and legal options.

What legal protections exist for survivors of sexual abuse in Massachusetts?

Survivors of sexual abuse can file civil claims against individuals and institutions responsible for harm. Massachusetts laws allow survivors to seek justice even years after the abuse occurred. A sexual abuse lawyer can help navigate the legal process confidentially.

How can a cybersecurity lawyer help if my personal data was compromised?

If your personal or financial data was exposed in a breach, you may have legal recourse under Massachusetts data privacy laws (201 CMR 17.00). A cybersecurity attorney can assess whether you have a claim and help you take legal action.

Whistleblower & False Claims Act

What is the False Claims Act and how does it work?

The False Claims Act (FCA) is a federal law that allows private individuals (“relators”) to file lawsuits on behalf of the U.S. government against those who have defrauded federal programs. These “qui tam” lawsuits enable whistleblowers to share in recovered funds. After filing, the case remains under seal while the Department of Justice investigates and decides whether to intervene. Whistleblowers can receive 15-25% of recoveries in cases where the government intervenes, and 25-30% if the government declines and the whistleblower proceeds successfully. Massachusetts has its own state False Claims Act (M.G.L. c.12 §§5A-5O) with similar provisions for state-level fraud

What is the Massachusetts False Claims Act and how does it differ from the federal law?

The Massachusetts False Claims Act (M.G.L. c.12 §§5A-5O) allows whistleblowers to file qui tam lawsuits for fraud against the state or its political subdivisions. Like the federal law, it imposes triple damages and civil penalties on violators. Key differences include a longer initial seal period (120 days under Massachusetts law compared to 60 days federally), and coverage that includes municipalities and local governments. Massachusetts whistleblowers receive similar rewards: 15-25% when the government intervenes and 25-30% when it doesn’t. A 2021 amendment expanded liability to include certain investors with knowledge of fraud.

What types of whistleblower cases does Graydon Sommer PLLC handle?

Our firm can represent whistleblowers in various reward programs, including False Claims Act cases involving healthcare fraud, defense contractor fraud, and other government program fraud; SEC whistleblower claims for securities violations and Foreign Corrupt Practices Act violations; CFTC whistleblower matters for commodities law violations; IRS whistleblower cases for significant tax fraud; and Massachusetts-specific whistleblower protections. We can also handle whistleblower retaliation claims and emerging areas like cryptocurrency fraud and AI/technology misrepresentation.

What financial rewards can whistleblowers receive?

Whistleblower rewards vary by program: Federal False Claims Act: 15-25% when the government intervenes; 25-30% when the whistleblower proceeds alone Massachusetts False Claims Act: Same percentages as federal (15-30%) SEC and CFTC programs: 10-30% of monetary sanctions exceeding $1 million IRS Whistleblower Program: 15-30% of collected proceeds for substantial cases The exact percentage depends on factors like information quality, cooperation level, and whether the whistleblower participated in the wrongdoing.

Does the Massachusetts Whistleblower Act protect private employees?

No, the Massachusetts Whistleblower Act (M.G.L. c.149 § 185) specifically protects public employees who work for the Commonwealth or its political subdivisions. Private-sector employees are not covered by this particular law. However, private employees may be protected under other laws, such as the anti-retaliation provisions of the Massachusetts False Claims Act (for reporting government fraud), the Massachusetts Healthcare Whistleblower Act (for healthcare professionals reporting patient safety issues), or common law wrongful termination claims in certain circumstances.

What protections do whistleblowers have against retaliation in Massachusetts?

Massachusetts offers several anti-retaliation protections: For public employees under M.G.L. c.149 § 185: Protection from retaliation for reporting violations of law or public health/safety risks, with remedies including reinstatement, treble damages (three times lost wages), and attorney’s fees. Claims must be filed within 2 years. Under the Massachusetts False Claims Act: Protection for any employee, contractor or agent who reports fraud on the government, with remedies including reinstatement, double back pay with interest, and special damages. Claims must be filed within 3 years. Massachusetts Healthcare Whistleblower Act (M.G.L. c.149 § 187): Protects certain healthcare providers reporting unsafe patient care. Federal protections also apply in Massachusetts for appropriate cases.

Can I remain anonymous when reporting fraud as a whistleblower?

Your ability to remain anonymous depends on the specific whistleblower program. SEC and CFTC whistleblower programs allow anonymous reporting through an attorney. With the False Claims Act, cases are initially filed under seal and kept confidential for at least 60 days (federal) or 120 days (Massachusetts) while the government investigates, but your identity may eventually become known if the case proceeds. IRS whistleblower claims offer confidentiality but not complete anonymity. The level of confidentiality protection varies by program and stage of proceedings. Our firm can help develop strategies to maximize your privacy while navigating disclosure requirements.

What is the statute of limitations for filing a whistleblower claim?

The statutes of limitations vary by law:
Federal False Claims Act: Either (1) six years from the violation, or (2) three years after the government knew/should have known, but no more than ten years after the violation
Massachusetts False Claims Act: Similar to federal timeframes
Massachusetts Whistleblower Act (public employees): 2 years from the retaliatory action
Massachusetts False Claims Act retaliation claims: 3 years
SEC whistleblower claims: Generally 5 years from the violation
Massachusetts Chapter 93A claims: 4 years

Consulting with an attorney promptly is crucial as these deadlines are strictly enforced.

What evidence is needed to file a successful whistleblower claim?

Successful whistleblower claims typically require detailed, firsthand evidence of specific fraudulent activity. This may include internal documents, emails, financial records, billing data, contract details, communications demonstrating knowledge of wrongdoing, and identification of relevant witnesses. The evidence should clearly show who committed the fraud, what they did, when it occurred, and how it violated specific laws. While circumstantial evidence can support a claim, cases with documented proof of materiality and scienter (knowledge or intent) are stronger. The quality and specificity of evidence significantly impacts the government’s decision to intervene and the ultimate success of the case.

What is a qui tam lawsuit?

A qui tam lawsuit is a type of legal action brought by a private individual (called a “relator”) on behalf of the government. The term comes from Latin, meaning “who sues on behalf of the king as well as for himself.” Under both the federal and Massachusetts False Claims Acts, qui tam provisions allow whistleblowers to sue parties that have defrauded the government. The whistleblower files the case under seal, and the government investigates and decides whether to join (intervene). The whistleblower can receive a significant portion of any recovery (15-30%), depending on whether the government intervenes and the whistleblower’s contribution to the case.

How does Graydon Sommer PLLC handle whistleblower case fee arrangements?

Our firm can handle whistleblower matters on a contingency fee basis, where payment is contingent on obtaining a recovery, in accordance with our written fee agreements. This approach allows whistleblowers to pursue cases without upfront legal costs. If the case results in a recovery, the fee is a percentage of the whistleblower’s award, not the government’s entire recovery. All fee arrangements are clearly documented in our engagement agreements, which address both attorney fees and case-related expenses. This structure aligns our interests with our clients’ and makes legal representation accessible regardless of financial circumstances.

Why should I consult a Massachusetts whistleblower lawyer for my case?

A Massachusetts whistleblower lawyer helps navigate both federal and state-specific laws. Massachusetts has unique whistleblower provisions, including its own False Claims Act with specific procedural requirements and a distinct Whistleblower Protection Act for public employees. An experienced Massachusetts whistleblower lawyer can determine which laws apply to your situation, properly file and seal qui tam cases, help optimize potential rewards, protect you from retaliation under the appropriate statute, and handle interactions with state and federal authorities. Local knowledge of Massachusetts courts, agencies, and legal precedents can strengthen your case and help protect your rights throughout the complex whistleblower process.

How long do whistleblower cases typically take to resolve?

Whistleblower cases, particularly False Claims Act matters, often take several years to resolve. Initially, cases remain under seal for at least 60 days federally or 120 days in Massachusetts while the government investigates, but these periods are frequently extended for months or years. If the government intervenes, additional investigation and litigation may add 2-4 years. Cases where the whistleblower proceeds independently can take even longer. SEC and CFTC investigations typically take 2-4 years before any award determination. While some matters settle more quickly, whistleblowers should be prepared for a lengthy process that requires patience and persistence.

We represent clients who expose fraud and corruption in businesses and government, supporting those who courageously speak up.

$72B

Since 1986, whistleblowers have significantly contributed to over $72 billion in False Claims Act recoveries.

$5.6B+

In 2021, the Department of Justice recovered over $5.6 billion lost to fraud, demonstrating its commitment to safeguarding U.S. taxpayer dollars.

$3B

In 2012, the pharmaceutical giant GlaxoSmithKline (GSK) reached a $3 billion settlement for allegations including off-label drug promotion, paying kickbacks to healthcare providers, and failing to report safety data.

15-30%

Whistleblowers can earn 15-25% of recovered funds if the government joins and wins their case. If the government doesn’t intervene, the reward increases to 25-30%.

Whistleblowers earned $309 million in 2020 for exposing U.S. government fraud.

Our firm represents whistleblowers in cases under federal and state reward programs:

The False Claims Act: Cases involving fraud against government and state, including Medicare and defense contractor fraud.
SEC Whistleblower Program: Claims for securities law or Foreign Corrupt Practices Act violations filed with the SEC under Dodd-Frank.
CFTC Whistleblower Program: Claims for commodity law violations filed with the CFTC under Dodd-Frank.
Massachusetts Whistleblower Protections: Cases involving retaliation for reporting violations of law, public safety risks, or mismanagement in state agencies or contractors.

Overview

Fraud and deception erode trust in American institutions. Our firm empowers brave whistleblowers to expose wrongdoing, holding corporations and the government accountable while seeking justice for fraud victims. We strive to mitigate the economic and social harm caused by malfeasance.

In 2022, a single whistleblower case resulted in a $900 million settlement with Biogen, demonstrating the immense power individuals have to expose corporate wrongdoing and protect public interests.

Justice for Whistleblowers

Our firm stands with the silent heroes who risk it all to reveal the truth behind corporate and governmental fraud. The consequences of such malfeasance undermine public trust and cause significant financial damage to taxpayers and government programs. Whistleblowers play a vital role in exposing fraud, and the False Claims Act provides a legal framework for holding wrongdoers accountable while offering protections to those who come forward with credible information. By sharing their knowledge, whistleblowers help uncover misconduct, support enforcement efforts, and contribute to systemic accountability.

On December 31, 2024, a Massachusetts court issued its ruling ordering UnitedHealth and its affiliates to pay $165 million for deceptive sales practices that misled thousands of consumers into purchasing unnecessary supplemental health insurance. This case highlights the risks of corporate misconduct and the important role whistleblowers can play in protecting consumers by exposing deceptive practices and supporting investigations.

Healthcare fraud remains the largest source of False Claims Act recoveries, with over $1.7 billion recouped in 2022 alone, partly due to whistleblower lawsuits.

Your Rights

Protection: You are legally protected from employer retaliation when reporting fraud against government programs. Federal whistleblower laws provide safeguards, though protections vary depending on the specific statute.
Privacy and Confidentiality: Some whistleblower programs, such as the SEC’s, allow you to report fraud anonymously through an attorney. Your identity is generally protected, but exceptions may apply in legal proceedings.
Job Security: If you face retaliation for exposing misconduct, federal laws may entitle you to reinstatement, back pay, and other remedies. Protections depend on the law under which you file your claim.
Rewards: If your information leads to sanctions exceeding $1 million, you may be eligible for a reward of 10%-30% of the recovered funds. The percentage is based on the significance of your contribution.
Eligibility: U.S. whistleblower programs, including the SEC and False Claims Act, allow individuals from any country to report violations and seek financial rewards.

Purdue Pharma’s $4.5 billion settlement highlights the vital role of whistleblowers in combating corporate-caused public health crises.

Lawyers' Role

Our dedicated legal team partners with whistleblowers to navigate the complexities of fraud claims. We offer clear, strategic guidance on whistleblower laws and take decisive action to expose and address corporate and governmental misconduct. Using the False Claims Act, we aim to recover taxpayer funds, hold wrongdoers accountable, and provide robust protection for those who step forward. Our commitment helps reduce fraud, foster transparency, and empower whistleblowers to create meaningful change.

How We Can Help

Disaster Relief and Emergency Fraud

Investigate fraudulent claims for disaster relief funding, exposing misuse in emergency response and rebuilding projects, and pursue recovery under public procurement laws and the False Claims Act.

Environmental and Climate-Related Fraud

Represent whistleblowers reporting fraud in carbon credit markets, greenwashing, or misuse of climate mitigation funds, advocating for accountability in renewable energy projects and compliance with environmental standards.

Healthcare and Pharmaceutical Fraud

Pursue claims involving Medicare and Medicaid fraud, false billing practices, and kickback violations under the False Claims Act to protect public funds and assist whistleblowers in addressing misconduct.

Defense and National Security Fraud

Expose fraud in defense contracts and national security programs by addressing overbilling, falsified records, and unsafe products, while seeking recovery of taxpayer funds through qui tam actions.

Education and Research Misconduct

Handle cases involving misuse of government research grants and fraudulent educational funding, representing whistleblowers reporting academic fraud or misappropriation of public resources.

Cybersecurity and Data Breach Reporting

Support whistleblowers reporting corporate failures to meet cybersecurity standards or disclose significant data breaches, focusing on compliance with federal and state consumer protection laws.

Financial and Banking Fraud

Address securities fraud, insider trading, and financial misreporting by working with whistleblower programs like those established under the Dodd-Frank Act to hold financial institutions accountable.

Public Construction and Procurement Fraud

Investigate fraud in public infrastructure projects, including fraudulent bidding and misappropriation of funds, to address violations of government contracts and recover misused taxpayer resources.

Tax Fraud and Financial Misconduct

Pursue claims under the IRS Whistleblower Program for tax evasion, underreported income, or fraudulent tax schemes to recover funds owed to the government.

Consumer Financial Protection Violations

Represent whistleblowers reporting predatory lending practices, hidden fees, or violations of consumer financial protection laws, focusing on addressing harm to consumers and corporate accountability.

Fraud in Emerging Markets and Technologies

Represent whistleblowers exposing cryptocurrency fraud, deceptive Initial Coin Offerings (ICOs), or unethical uses of artificial intelligence, addressing financial misconduct and regulatory violations in decentralized finance and cutting-edge technology sectors.

Whistleblower Retaliation Protection

Advocate for individuals who face retaliation for reporting fraud or misconduct, protecting their rights under whistleblower protection laws and seeking remedies for wrongful termination or harassment.