Healthcare Fraud Lawyer Blog
It was earlier this month when House Intelligence Committee Chair Adam Schiff issued a public statement saying that a subpoena was issued to Acting Director of National Intelligence (DNI) Joseph Maguire. The reason for the subpoena was that Maguire allegedly refused to release a whistleblower complaint.
The complaint was filed under the Intelligence Community Whistleblower Protection Act (ICWPA). That Act requires that complaints must be submitted to Congress. In his announcement, Schiff stated that he had concerns that the complaint was not forwarded to Congress in an attempt to protect the President and other officials with the administration.
Since Schiff’s statement, a whirlwind has erupted across the country. The public wants to know not only if Maguire did something wrong, but what the ICWPA is. Below are a few of the questions that have been asked most recently, and the answers to them.
Qui tam lawsuits are brought by individuals, known as whistleblowers, against a company that defrauded the United States government. Whistleblowers do receive compensation for alerting the government of the fraud, but this is not the motivation behind most qui tam lawsuits. Whistleblowers feel a moral obligation to report the company and set things right. There are a number of ways they do this, and many different types of qui tam lawsuits. The most common are found below. 
There are many programs and legal statutes that allow whistleblowers to receive compensation for reporting wrongdoing, typically in their place of work.
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Many times, an employee has identified fraud against the government occurring within their place of employment. They want to report this fraud, or blow the whistle, but are afraid to because they participated in the fraud. This is often an extremely difficult situation. Potential whistleblowers know the fraud is wrong, but they also do not want to face repercussions for it. However, their involvement was likely entirely forced by their employer. The employee may want to blow the whistle to stop their own involvement, or they may just want to do the right thing. 
Sometimes employees notice fraud against the government within their workplace. When they do, they want to do the right thing and put a stop to it, but they’re also afraid to take action. Sometimes this fear stems from the threat of retaliation, and losing their job and income. Other times, it is simply a fear of the unknown. If you have witnessed fraud against the government at your workplace, either under the federal
When filing any type of lawsuit, you will need solid evidence to back up your claim. In a qui tam, or whistleblower, lawsuit, that evidence must be solid and clearly establish that your employer, or another individual or entity, defrauded the government. Investigations into a qui tam lawsuit are extensive and take a great deal of time and resources. The courts will likely not move ahead with one unless there is substantial evidence of wrongdoing. 
If you are considering blowing the whistle on your employer’s wrongful actions that are defrauding the government, employment retaliation is a real fear. In fact, it is one of the biggest reasons employees do not come forward and blow the whistle. However, this should never keep you from trying to make things right. You should know you have legal rights that protect you from employer retaliation. 
Many people have heard of whistleblowers on the nightly news, or perhaps in movies or on television dramas. However, they may not know exactly what a whistleblower is. Maybe they have never even heard of the term ‘qui tam’ before. So, what exactly is a whistleblower, and why would such a person ever file a lawsuit? Do whistleblowers have any protection while blowing the whistle, and do they receive any compensation for it?