Whistleblower is the common term for a person, usually an employee, who reveals wrongdoing by a company in the form of fraud, corruption or other illegal activity. The U.S. government has several laws offering employees incentives to report their employer’s unlawful activity and providing protection from retaliation. The False Claims Act, passed during the Civil War, included a qui tam provision, which allows a private citizen with knowledge of fraud against the government to initiate a lawsuit and share in the government’s recovery of damages. Other statutes, such as The Sarbanes–Oxley Act of 2002 and The Dodd–Frank Wall Street Reform and Consumer Protection Act, have whistleblower provisions as well. Barker, Gelfand, James & Sarvas, P.C. represents whistleblowers in qui tam lawsuits and defends companies from accusations of wrongdoing. In New Jersey, whistleblowers receive protection under the Conscientious Employee Protection Act (CEPA). CEPA protects employees who report or complain about any fraudulent or criminal activity that is contrary to public policy, safety, health or welfare. We also represent both sides in disputes over alleged retaliation for whistleblowing activities. By working on both sides of these complex issues, we have developed a comprehensive understanding of the various issues and the stakes for all participants. Appreciating the tension between competing interests, we are often able to resolve disputes favorably for our clients. If you are facing whistleblower litigation, the experienced business litigation attorneys at Barker, Gelfand, James & Sarvas, P.C. can provide robust representation that protects your rights.
In a qui tam action under The False Claims Act, a person with knowledge of fraud against the government may file a lawsuit. Qui tam lawsuits often involve fraud in defense contracts, or fraudulent billing of Medicare and Medicaid. Given the government’s limited ability to audit all transactions with company under government contracts, qui tam actions are essentially for exposing waste and abuse. If you have pertinent information that could lead to a successful qui tam action, you need experienced representation from attorneys who know how to build a compelling case. On the other hand, if your company relies on government contracts, False Claim Act allegations can be ruinous. Barker, Gelfand, James & Sarvas, P.C. works meticulously to assemble the evidence to present the facts of your transactions in the best possible light.
Persons who have information about violations of the Securities and Exchange Act have substantial incentives to come forward under the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act of 2010. Whistleblower allegations commonly cite:
Securities law has many complexities, so the actions of corporate officers may be open to various interpretations. Often, the presentation of facts by a skilled trial attorney can be the difference between a finding of fraud and a ruling that transactions were executed in good faith. Our attorneys pore over voluminous evidence to distill the facts in a manner most favorable to your case. Drawing on considerable experience with the SEC, our attorneys provide robust representation that protects your interests.
Federal and state laws protect whistleblowers from retaliation from whistleblowing activities, but not from general workplace discipline based on factors unrelated to whistleblowing. Having worked on both sides of this issue, our firm is prepared to offer effective representation to plaintiff employees and defendant employers. Our investigative skill enables us to develop compelling arguments based on the totality of the circumstances. Whether you need us to prove or rebut allegations of retaliation, we are prepared to take decisive steps to protect your rights.
Barker, Gelfand, James & Sarvas, P.C. provides quality litigation services for plaintiffs and defendants in qui tam lawsuits. Our effective litigation services benefit clients throughout New Jersey. To schedule a consultation, call Barker, Gelfand, James & Sarvas, P.C. at 855-334-5686 or contact us online.