All practice areas

Whistleblower & government fraud litigation

Whistleblower Claims

eJustice evaluates and represents individuals with credible information concerning potential fraud, financial misconduct, government contracting or billing issues, corporate misconduct, and other potentially unlawful activity.

Professional reviewing confidential corporate compliance documents

Inside information

Information Often Begins Inside the System.

Potentially significant whistleblower information may come from people with direct knowledge of how an organization actually operates. Suspicion alone differs from specific, supportable information.

  • Employees and former employees
  • Executives and managers
  • Contractors, consultants, and vendors
  • Business partners, competitors, and others with credible firsthand or documentary information
  • Who was involved, what occurred, and when
  • How the conduct operated and whether it was isolated or repeated
  • Transactions, claims, statements, records, or representations involved
  • Documents or other evidence that may support the information

An initial evaluation can consider the quality, source, and potential verifiability of the information without requiring every document at the outset.

Common subject areas

What Types of Information May Warrant Review?

Government contracting & procurement

Potential false claims, overbilling, procurement misconduct, contract-compliance issues, or other conduct involving government funds.

Healthcare billing & government programs

Potential billing, reimbursement, coding, kickback, or other misconduct involving Medicare, Medicaid, or government healthcare programs.

Securities & financial misconduct

Potential securities violations, misleading disclosures, accounting issues, investor-related misconduct, or other financial-market concerns.

Commodities & derivatives

Potential misconduct involving futures, commodities, swaps, derivatives, or other matters within CFTC jurisdiction.

Tax-related misconduct

Potential significant tax underpayments, tax fraud, or other qualifying tax-related information.

Other corporate or government fraud

Other potentially unlawful conduct where credible, specific information and an applicable reporting mechanism may exist.

This is not an exhaustive list, and not every internal compliance concern supports a whistleblower claim or award.

Four principal federal pathways

Different Information Can Require Different Paths.

False Claims Act / Qui Tam

The False Claims Act can apply to certain false or fraudulent claims involving federal funds or programs. Qualifying private individuals may bring qui tam actions on behalf of the government, which may become involved in the case.

  • Government funds
  • False or fraudulent claims
  • Qui tam procedure
  • Potential awards where legally applicable

SEC Whistleblower Program

The SEC program addresses specific, timely, credible information about possible securities-law violations and related financial misconduct.

  • Accounting issues
  • Misleading disclosures
  • Insider trading
  • Market manipulation

CFTC Whistleblower Program

The CFTC program addresses potential violations involving commodities, derivatives, futures, swaps, and other matters within its jurisdiction.

  • Commodities fraud
  • Futures markets
  • Derivatives
  • Trading-related misconduct

IRS Whistleblower Program

The IRS Whistleblower Office receives information concerning potentially significant tax underpayments, tax fraud, and other qualifying tax-related misconduct.

  • Tax underpayments
  • False reporting
  • Undisclosed income
  • Other qualifying information

Eligibility, procedures, government action, and potential remedies differ by program. Reporting does not guarantee an investigation, recovery, or award.

Legal evaluation

Does This Warrant a Whistleblower Evaluation?

These questions can help determine whether information warrants closer legal evaluation and what reporting or litigation path may be appropriate.

  • Do you have direct or credible knowledge of potentially unlawful conduct?
  • Can you identify who was involved and how the conduct operated?
  • Did the conduct involve government funds, investors, financial markets, taxes, or another regulated area?
  • Was the conduct isolated or part of a broader pattern?
  • Are documents, communications, transaction records, or other evidence available?
  • Has the information already been reported internally, to the government, or through another channel?

These are not rigid eligibility requirements; the applicable law and circumstances matter.

Evidence & firsthand knowledge

What Information Can Help Establish the Facts?

Relevant evidence may help clarify the conduct, its scope, and the source of the information.

  • Documents & communications: emails, messages, memoranda, presentations, reports, policies, and correspondence
  • Financial & transaction records: invoices, claims, billing, payment records, transaction histories, and accounting information
  • Contract & program records: government contracts, certifications, submissions, compliance documents, and program records
  • Firsthand knowledge: who participated, how the conduct operated, when it occurred, and how the whistleblower learned about it

Reporting channels

Where the Information Goes Matters.

Different matters can involve qui tam litigation, SEC, CFTC, or IRS submissions, internal reporting, or other governmental and regulatory channels. The correct path depends on the information and applicable law.

Qui tam litigation

A potential False Claims Act route involving government funds or programs.

SEC, CFTC, or IRS submissions

Program-specific mechanisms for information concerning securities, commodities, or tax-related matters.

Internal or other channels

A route that may be relevant in some circumstances, but is not automatically required or preferable.

Because the sequence, method, and destination of reporting can matter, legal evaluation before reporting may be useful.

Confidentiality

Confidentiality Rules Vary.

Confidentiality protections and procedures can vary by program, procedural posture, and individual circumstances.

A potential whistleblower may benefit from legal advice before deciding how, when, or where to report information. Identity protection cannot be guaranteed in every circumstance.

Retaliation protections

Retaliation Can Be a Separate Legal Issue.

Various laws may protect qualifying whistleblowers from certain retaliation, depending on the circumstances and applicable law.

Potential concerns can include termination, demotion, reduced responsibilities, adverse employment actions, harassment, or other potentially retaliatory conduct. Not every workplace dispute is unlawful retaliation.

Timing

Timing Can Matter.

Whistleblower matters can involve filing deadlines, statutes of limitation, program-specific requirements, prior public disclosures, earlier reports by others, and timing-related eligibility issues.

If potentially significant information exists, waiting unnecessarily can affect available options.

Potential awards

Awards Depend on the Program and the Facts.

Certain whistleblower programs may provide awards in qualifying circumstances, but awards are not guaranteed.

Eligibility and any potential award can depend on the applicable program, government action, information provided, statutory requirements, and other circumstances.

Preserve evidence

Preserve Information Carefully.

Preserve information and records already lawfully available to you, and seek legal guidance before taking actions that could raise questions concerning access, confidentiality, privilege, or document ownership.

Do not steal documents, circumvent security systems, access unauthorized records, destroy or alter evidence, or violate lawful restrictions to obtain additional information.

Whistleblower Claims: Frequently Asked Questions

Confidential Whistleblower Evaluation

Helpful starting information may include your relationship to the organization or conduct; what occurred; who was involved; approximate dates; whether government funds, financial markets, investors, taxes, or regulated activity were involved; what supporting information may exist; and whether the matter has already been reported.

Request a Confidential Case Evaluation

The information on this page is provided for general informational purposes and is not legal advice. Whistleblower laws contain different eligibility requirements, filing procedures, confidentiality rules, award provisions, and legal deadlines. Submission of information does not guarantee government action, a lawsuit, or an award. Viewing this page or submitting information does not by itself create an attorney-client relationship.

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