The Morgan & Morgan Whistleblower Attorneys podcast goes beyond legal jargon and explains what it really takes to be a whistleblower and to represent one.
Attorney James D. Young gets real about what major corporations do to try to get away with fraud--in and out of court, and sheds light on why all Americans should be seriously concerned about this. He offers actionable insights about legislative blocks to justice and how policy should change to protect the rights of those that tell the truth.
For more information, visit https://www.whistleblowerattorneys.com.
Episode 6: How, Why, and When Whistleblower Rewards Are Given
The False Claims Act and other whistleblower laws offer substantial awards to individuals that successfully demonstrate that a large-scale fraud scheme against the government has occurred. Those awards are typically between 10% and 30% of the government’s total financial recovery from the fraudulent company or individual.
How much a whistleblower is actually rewarded depends on 13 key factors, each of which James Young explains in this episode.
A qualified qui tam attorney will take note of these factors to advocate for the highest possible whistleblower reward. Learn more about how whistleblower rewards are calculated at www.whistleblowerattorneys.com.
00:28 The end of whistleblower cases
03:03 Use of mediation in resolving whistleblower claims
04:39 14 considerations that can increase a relator's share
07:53 11 considerations that can decrease a relator's share
10:43 Treble damages and civil penalties
12:56 Taxes on whistleblower rewards
Episode 5: When Corporations Fight Back
Major companies do everything in their power to fight back against qui tam lawsuits. Within the scope of each case, it’s important for attorneys and whistleblowers alike to be stay ahead of common defenses.
It is typical for large corporations to retain powerful defense counsel; because of this, whistleblowers are well served to hire a highly qualified, specialized qui tam legal team on a contingency-fee basis.
A qualified attorney will anticipate the defense’s possible motions to dismiss, ensure that the whistleblower files well within the Statute of Limitations, and will only take on a case that has sufficient evidence to convince the government that fraud has occurred.
Learn more about why it’s important for whistleblowers to hire a specialized qui tam attorney at www.whistleblowerattorneys.com.
00:27 Motions to dismiss
02:26 Statute of Limitations, first-to-file rule
05:18 1986 False Claims Act amendments that impact defendants and whistleblowers
08:10 Affordable Care Act amendments to the False Claims Act
Episode 4: A Former FBI Agent on Investigative Techniques
Qui tam litigation requires extensive research, experience, persistence and empathy. James Young guides those new to representing whistleblowers through common investigative techniques in qui tam cases.
He highlights common mistakes made by first-time qui tam attorneys and offers advice about how to build the most qualified possible case before filing a disclosure statement. If a whistleblower’s evidence is insufficient, for example, it is sometimes possible to request supplementary evidence from other clients that work at the fraudulent company.
Also in this episode, former FBI Investigator David Reign offers valuable insights about how to safely collect evidence, the importance of timing in qui tam cases, and what whistleblowers should do if their employers asked them to sign a confidentiality agreement.
Learn more about investigating whistleblower claims at www.whistleblowerattorneys.com.
00:28 Common sense approaches to investigating an initial whistleblower claim
02:36 Three buckets of evidence
03:55 Writing and filing the disclosure statement
08:12 Preparing for the government interview
09:56 The government's investigation
12:36 The government decides whether to intervene
13:22 Former FBI Investigator David Reign on his role in whistleblower cases
Episode 3: Types of Fraud and Whistleblower Laws
Though healthcare fraud is the most prevalent type of False Claims Act violation, government programs and contracts impact almost every aspect of American life, in one way or another.
The False Claims Act also commonly applies to the defense contracting industry, while the Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), and IRS each have their own whistleblower programs with reward incentives.
The Davis-Bacon Act, which applies to fraud committed on federal and state construction projects, is another piece of legislation of which taxpayers should be aware.
Learn more about common types of fraud committed against the government at www.whistleblowerattorneys.com.
00:27 Purpose of the False Claims Act and definition of fraud against the government
02:30 Types of healthcare fraud, including pharmaceutical, hospice, and home healthcare fraud
08:40 Defense contractor fraud, tariff and duty fraud, and Davis-Bacon Act fraud
10:40 IRS Whistleblower Program
14:58 SEC Dodd-Frank Whistleblower Program
Episode 2: The Psychological Toll of Blowing the Whistle
James Young explains the whistleblowing process from start to finish, providing unique insights about both the technical and psychological challenges whistleblowers often face.
From contacting an attorney to being interviewed by the government, being a whistleblower is a long and difficult road. Even after the government interview, much patience is required when waiting for a resolution.
James helps both whistleblowers and attorneys new to qui tam litigation set appropriate expectations about what constitutes a qualified case, how to collect evidence, and how to deal with employer retaliation.
Learn more about what is takes to be a whistleblower at www.whistleblowerattorneys.com.
00:28 Addressing misconception about the motives of whistleblowers
01:37 Witnessing fraud at work
06:50 Going back to work after beginning the investigation with your attorney
10:17 Three ways companies can properly address whistleblower complaints
13:38 The government interview
15:09 Waiting for a resolution
Episode 1: The Evolution of the Modern Whistleblower
The Whistleblower Attorneys Podcast with James D. Young begins its initial six-part series by exploring the background and history of whistleblower laws. Though the False Claims Act made pro-whistleblower legislation official in the United States, qui tam laws have roots as far back as 7th Century England.
While the logic behind original whistleblower reward laws was to set “a rogue to catch a rogue,” these anti-fraud measures have evolved significantly over the centuries. Now, most whistleblowers are not involved--or are only minimally involved--in the fraud they report.
James Young is a whistleblower attorney and partner with leading plaintiff’s law firm Morgan & Morgan. Having served as Special Counsel to three Florida attorneys general, James has first-hand experience as a government prosecutor and has worked extensively on healthcare fraud, medical device, and pharmaceutical cases.
Learn more about the False Claims Act at www.whistleblowerattorneys.com.
00:09 Introduction and short summary of episode topics
01:16 Background information about Whistleblower Attorney James D. Young
02:11 Origins of the role of the whistleblower and the term "qui tam”
11:52 Amendments to the False Claims Act in 1943 and in 1986, the modern False Claims Act
13:34 Three important takeaways from this episode
Great way to learn how to safely blow the whistle
This podcast does a great job of showing how important whistleblowers are in industries like healthcare and to the American economy as a whole. The host also sheds light on how lawyers can help whistleblowers build successful cases and earn rewards.