Typical Qui Tam Whistleblowers

EMPLOYEES: In the case of a former employee, they were usually terminated or quit as a result of complaining about the fraud or trying to blow the whistle internally. Typically, the complaints fall on deaf ears. A current or former employee who blows the whistle on his or her employer is one of the most common types of qui tam plaintiffs. Detecting fraud is usually very difficult, absent the cooperation of an insider close to the fraudulent activity. Without insiders, proof of fraud will almost always be by circumstantial evidence. It is for this reason why employee whistleblowers are so important — they can explain the who, what, where and when of the alleged fraud.

COMPETITORS AND SUBCONTRACTORS: A less common category of whistleblower is the competitor (or its employee) of the company committing the fraud, or the subcontractor (or its employee) of the company committing the fraud.

INDUSTRY EXPERTS: Industry experts have successfully brought suit against multiple defendants alleging an industry-wide practice. Their understanding of the industry helps them to put together pieces of complex puzzles to then be in a position to blow the whistle.

 

** Taxpayers Against Fraud, an organization devoted to combating fraud against the Federal Government, has named Kenneth J. Nolan and Marcella Auerbach Lawyers of the Year for 2011.