What makes a good whistleblower case? Ethic Alliance can tell you
Ethical individuals with a strong sense of justice sometimes feel compelled to expose wrongdoing or corruption by powerful organizations and individuals by becoming whistleblowers. Whistleblowers have shaped history – remember Richard Nixon’s Watergate scandal – and been a force for good.
Ethic Alliance can help guide you through the process of becoming a whistleblower at no cost to you, and also help protect you from retaliation and obtain a financial reward. There are many potential areas for whistleblowing, including federal funds fraud, pandemic fraud, healthcare fraud, Securities and Exchange Commission violations, and violations of sanctions on Russia related to the invasion of Ukraine, says Scott Williams, CEO of Ethic Alliance.
So what makes a good whistleblower case? Here are some of the key factors to consider.
Who has been harmed, and how?
If alleged wrongdoing impacts a major corporation or government agency, a large number of people (such as taxpayers, consumers, or shareholders), or a large amount of money, a case may be more appealing to government investigators.
In a recent example, the U.S. government in October 2022 intervened in a lawsuit originally filed by a whistleblower against one of the country’s largest insurers, CIGNA Corp. The government filed a civil healthcare fraud lawsuit against CIGNA and one of its subsidiaries for allegedly inflating the payments CIGNA received for providing insurance coverage to its Medicare Advantage plan members. Medicare Advantage provides health insurance coverage for tens of millions of Americans. The government alleges that CIGNA obtained tens of millions of dollars in Medicare funding by submitting to the government false and invalid diagnoses.
Government interest in a case may also be spurred if alleged wrongdoing threatens the safety of individuals or the public. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is working to improve its whistleblower program. In a recent case announced in August 2022, the Department of Labor ordered a Louisiana helicopter ambulance service to reinstate a pilot who refused to fly in hazardous conditions.
Is an activity actually illegal?
Just because you may think illegalities occurred doesn’t prove they did. It’s often difficult for non-experts to judge what’s actually illegal. Cases are stronger if they involve intentional fraud and wrongdoing rather than simple negligence.
Remember also there are different whistleblowing statutes defining what’s illegal, including federal and state-level statutes. The prohibited activities and remedies will vary from state to state. Ethic Alliance can determine if something illegal likely occurred and help you navigate the myriad laws.
When did the alleged wrongdoing occur?
Is the alleged wrongdoing recent, or did it occur long ago? This is important because sometimes there are statutes of limitation for filing a complaint. The first whistleblower filing a report usually wins, so it’s important to file quickly.
Can you provide information that no one else has?
Will you be able to demonstrate injury to taxpayers, consumers or shareholders? Your case will be stronger if the information you provide is not publicly available elsewhere. It’s also important to be the first to report an allegation, before another whistleblower does so.
For example, the Securities and Exchange Commission rewards whistleblowers who voluntarily provide original information that leads to the successful enforcement against a wrongdoer. This often includes “important, new information, including in the form of documents and analysis, that assisted the Commission’s investigation,” the agency says. The Commission has rewarded nearly 300 whistleblowers since 2012 and paid them more than $1.3 billion.
Can you provide documentation?
If you have copies of documents supporting your allegations, such as documents lawfully obtained as part of your work, these can help convince investigators that a deeper investigation is warranted. The Internal Revenue Service, for example, asks whistleblowers to provide books, records, ledger sheets, receipts, bank records, contracts, emails, and the location of assets. It’s important that you do not share documents with anyone but your attorney or Ethic Alliance.
America has a proud history of rewarding honest people. Ethic Alliance exists to protect and guide you through the complex process at no cost to you. For more information, visit https://ethicalliance.com/
Related link: https://www.justice.gov/usao-sdny/pr/united-states-files-civil-fraud-lawsuit-against-cigna-artificially-inflating-its
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