State And Federal Whistleblower And Qui Tam Attorneys

Whistleblower Representation For Clients Throughout The U.S.

We are the national whistleblower litigation attorneys of Eisenberg Gilchrist & Cutt, Attorneys at Law. We are a team of experienced civil litigation trial lawyers who will act aggressively to protect your rights and your confidentiality in federal whistleblower lawsuits. Qui tam* laws provide for a substantial percentage of the financial recovery to the individual or group responsible for filing the initial whistleblower lawsuit. In fraud cases involving significant government contracts, the financial award to the plaintiff can be in the millions of dollars.

Fraud

It's been around for a long, long time and with the vast reach of government money into the lives of industries throughout the country and abroad, fraud has become a very, very big business. How big? It has been estimated that between 7 and 10 percent of the entire annual U.S. government budget is lost in fraud..

  • Some perpetrators submit vouchers billing the government for services they never provided or overbilling for what was provided.
  • Some submit bills for things that were delivered, but were substandard or defective.
  • Still others falsely certify to the government that they were in compliance with a contract or laws and regulations that were important to the government agreeing to pay for the service.
  • Some are prohibited from doing business with the government at all, but bill through a sham company anyway.
  • Some legitimately bill the government, but the government somehow overpays and the company keeps the extra money.

All of these are fraud schemes in one way or another. The government alone cannot control it. There are simply not enough inspectors, auditors and investigators to do the job. So it is up to us – as taxpayers and citizens — to help do the job. How do we accomplish this task?

The most important player in fighting fraud is the citizen-whistleblower. Anyone who knows about fraud that costs the government money needs to step forward because it is the right thing to do. With our assistance, the government is not helpless to stop those who wrongfully take taxpayers' money.

The way to step up and do something about it is through the federal False Claims Act and its qui tam provisions.

It was during Abraham Lincoln's administration that the first False Claims Act was passed to stop fraudsters from selling the Union Army sick mules, boots that fell apart when wet and moldy food rations. It was significantly strengthened in 1986, 2009 and 2011. Through its qui tam provisions, it encourages private citizens to come forward when they have information about fraud against the government.

In qui tam litigation, a private citizen (the "whistleblower") who knows of fraud committed against the government may, through privately retained lawyers, file a lawsuit to recover losses caused by government fraud. The law provides huge financial incentives to citizen whistleblowers to retain private, experienced attorneys and come forward, helping the government carry on lawsuits and fight fraud.

Depending on the circumstances, the whistleblower (called a "relator") can receive up to 30 percent of the recovery in a case. Provisions in the law prevent anyone from retaliating against a whistleblower and his or her family.

The wrongdoer also can receive stern penalties: treble damages, or three times the amount of the fraudulent billing to the government, plus $11,000 per claim and other financial penalties.

This system of citizen-whistleblowers continues to exist for one reason: It works.

$4.9 BILLION RECOVERED IN 2012 ALONE

The Justice Department recovered $4.9 billion in settlements and judgments in civil cases involving fraud against the government in the fiscal year ending Sept. 30, 2012. This figure constitutes a record recovery for a single year, eclipsing the previous record by more than $1.7 billion.

QUI TAM CLAIMS TODAY

Under the False Claims Act as it is now written, fraud can include submitting claims with deliberate ignorance or reckless disregard for the truth of statements made in the claim. That means that a "specific intent" to defraud isn't necessary. The law gets at the "ostrich" or "head in the sand" approach that some take to complying with federal regulations.

We are the national whistleblower litigation attorneys of Eisenberg Gilchrist & Cutt, Attorneys at Law. At Eisenberg Gilchrist & Cutt in Salt Lake City, you will find attorneys with a proud tradition of experience and knowledge in complex civil litigation cases, combined with extraordinary knowledge and experience in false claims cases, particularly in all aspects of the health care industry.

Eisenberg Gilchrist & Cutt, Attorneys at Law, is recognized as one of the leading civil litigation firms in the western states. We have a decades-long record of success — always on the side of individuals, not corporations defending themselves against liability or wrongdoing. Our lawyers offer every client the knowledge, resources and reputation to undertake complex litigation against large companies.

From our offices in Salt Lake City, Utah, we are ideally located to be available and accessible to other attorneys and potential whistleblowers across the West as well as nationally. Our firm has attorneys admitted to practice in western states and, through our network of associated counsel, throughout the United States.

Our whistleblower litigation practice group is led by attorney Robert D. Sherlock, JD, MPA. His practice focuses on civil False Claims Act cases, with special expertise in health care fraud. Robert previously spent more than 18 years in a wide range of health care administrative positions, including serving as the director of Health Sciences Center compliance for a major university health care system. He has served as general counsel, chief financial officer and chief operating officer for hospitals and health care entities.

Call us toll free at 866-679-8490 or contact us by email to arrange a free consultation with an experienced national whistleblower lawsuit attorney at our firm today.

* Qui Tam: Taken from the Latin phrase "Qui Tam pro domino rege quam pro si ipso in hac parte sequitur," which roughly means one who sues on behalf of the king, as well as for himself.

  • Some submit vouchers billing the government for services which they never provided or overbilling for what was provided.
  • Some submit bills for things that were delivered but were substandard or defective.
  • Still others certify to the government that they were in compliance with a contract, or laws and regulations that were important to the government agreeing to pay for the service.
  • Some were prohibited from doing business with the government at all, but billed through a sham company anyway.
  • Some had legitimately billed the government, but the government somehow overpaid — — and the company kept the extra money anyway. Prime contractor's knowledge.

All of these are fraud schemes in one way or another. The government alone cannot control it. There are simply not enough inspectors, auditors and investigators to do the job. So it is up to us – as taxpayers and citizens — to help do the job. How do we accomplish this task?

The most important part of fighting fraud is the citizen-whistleblower. Anyone who knows about a fraud, a falsehood that costs the government money, needs to step forward, get involved because it is the right thing to do. With our assistance, the government is not helpless to stop those who wrongfully take the taxpayers money.

The way to step up and do something about it is through the Federal False Claims Act and its "Qui Tam" provisions. Qui Tam: Taken from the Latin phrase " Qui Tam pro domino rege quam pro is ipso in hac parte sequitur," which roughly means one "Who sues on behalf of the King, as well as for Himself."

" Worse than traitors in arms are the men who pretend loyalty to the flag, feast and fatten on the misfortunes of the nation, while patriotic blood is crimsoning the plains of the south and their countrymen are moldering in the dust." Abraham Lincoln, 1863.

It was during the Abraham Lincoln administration that the first False Claims Act was passed, to stop fraudsters selling the Union Army sick mules, boots that fell apart when wet, and moldy food rations. It was significantly strengthened in 1986, 2009 and 2011. And it encourages private citizens to come forward when they have information about fraud against the Government --- through its Qui Tam provisions.

In Qui Tam litigation a private citizen (the "whistleblower") who knows of fraud committed against the government may, through his own privately retained lawyers, file a law suit to recover the losses caused by the government fraud. It provides huge financial incentives to citizen whistleblowers to retain private, experienced attorneys and come forward, helping the government carry on lawsuits and fight fraud.

Depending on the circumstances, the whistleblower (called a "Relator") can receive up to 30 percent of the recovery in the case. And provisions in the law prevent anyone from retaliating against a person or his/her family as a result of becoming a whistleblower.

The wrongdoer also can receive stern penalties: treble damages, or three times the amount of the fraudulent billing to the government, plus $11,000 per claim, and other financial penalties.

This system of citizen-whistleblowers continues to exist for one reason: It works.

"The whistleblowers who bring wrongdoing to the government's attention are instrumental in preserving the integrity of government programs and protecting taxpayers from the costs of fraud," We are extremely grateful for the sacrifices they make to do the right thing." Principal Assistant U.S. Attorney General Stuart Delery.

$4.9 BILLION RECOVERED IN 2012 ALONE

The Justice Department recovered $4.9 billion in settlements and judgments in civil cases involving fraud against the government in the fiscal year ending Sept. 30, 2012. This figure constitutes a record recovery for a single year, eclipsing the previous record by more than $1.7 billion.

QUI TAM CLAIMS TODAY:

Under the False Claim Act as it is now written, "fraud" can include submitting claims with deliberate ignorance or reckless disregard for the truth of statements made in the claim for US government. That means that a "specific intent" to defraud isn't necessary. The law get at the "ostrich" – "head in the sand" approach that some take to complying with Federal regulations and law. And the burden of proof that must be met by the whistleblower's lawyer or the government's lawyer in a Qui Tam suit is the "preponderance of the evidence" standard. The evidence presented by the attorneys only needs to be "more likely true than not." This is the same burden of proof that ordinarily must be met by the attorney in most civil damage cases.

The current law also requires the party defrauding the government to pay the successful whistleblower's attorney fees. The law also protects the federal whistleblower from retaliatory actions by his/her employer.

We promise complete confidentiality throughout your case. Federal law protects you from retaliation by your employer.

Do You Need To Hire A Whistleblower Attorney?

Many components of the federal whistleblower law require people to retain legal representation when officially filing a qui tam lawsuit against a fraudulent employer. We offer a free case evaluation and will explain the process of filing an official whistleblower suit. If you are unsure whether to act, we encourage you to discuss the matter with other employees who may be familiar with the situation, then arrange a conference call with an attorney at our office. We promise complete confidentiality and your employer is forbidden by federal law to take any form of retaliatory action against you.

We work with individuals and groups of employees who wish to bring a whistleblower lawsuit for any type of federal employer fraud or wrongdoing, such as:

Protecting the Whistleblower from retaliation

It's Your Duty to Blow the Whistle on fraud

Big Business with Sarbanes-Oxley

Our FIO report government contract fraud or violations of federal regulations. From our office in Salt Lake City, Utah, we work with clients in the continental United States, west of the Mississippi River. We also have strategic partnerships with a major False Claims firm representing whistleblowers throughout the eastern states, New England and the Southeast. This relationship allows us to help the whistleblower anywhere, and regardless of the size of the case! Call us toll free at 866-679-8490 or contact us by email to arrange a free consultation with an experienced national whistleblower lawsuit attorney at our firm today.

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