Are You a Whistleblower?

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Whistleblowers are frequently in the news and the term seems to be applied to a lot of different people.

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Whistleblowers are frequently in the
news and the term seems to be applied
to a lot of different people.
Are You a
Whistleblower?
WHISTLEBLOWER ATTORNEYS
KELLER GROVER LLP

LOS ANGELES | OAKLAND | SAN JOSE
Main Offce:
1965 Market Street
San Francisco, CA 94103

888.601.6939
ReportGovFraudNow.com
View our disclaimer 
WHISTLEBLOWER ATTORNEYS
Are You a Whistleblower? | 1 KELLER GROVER LLP | 888.601.6939
Kathleen Scanlan Federal Whistleblower Lawyer
Kate is a seasoned litigator with more
than a dozen years’ experience in com-
plex litigation in both California state
courts and federal courts around the
country.  Her cases have included issues
arising from real estate fraud, health-
care fraud, consumer fraud and fraud
on the government as well as antitrust
and RICO violations and breaches of
fduciary duties. Kate plays the critical
role at Keller Grover of developing the
factual record necessary to prevail in
any litigation.  She does this using her
special talent for gathering relevant facts,
from both witnesses and documents,
and distilling the information down to a
comprehensive legal record.  Her ability
is attributable in part to her willingness
to dive in and learn the details of the
industry involved in any given case, to
understand how the alleged conduct oc-
curred and how it violates the law.  Her
skills were instrumental in Keller Gro-
ver’s successful efforts on behalf of the
nationwide class of consumers in Fried-
man v. 24 Hour Fitness where she led the
briefng team and argued the successful
class certifcation motion as well as the
successful opposition to a summary judg-
ment motion on RICO violations arising
out of electronic fund transfers between
consumers and 24 Hour Fitness.  Kate’s
efforts are invaluable to Keller Grover’s
whistleblower clients where she works
tirelessly to prepare any case the whis-
tleblower brings to the government, an-
ticipating and answering potential ques-
tions before the case is ever presented.
Jeffrey Keller Partner
Jeffrey is an experienced fraud lawyer.
He has been litigating on behalf of con-
sumers, whistleblowers and sharehold-
ers for more than 20 years -- successfully
taking on banks, telecom companies,
healthcare providers and high tech com-
panies, among others, in cases involving
a range of legal issues from securities
fraud, consumer fraud and fraud on the
government to antitrust violations and
RICO.  Jeffrey has been recognized as
a Northern California Super Lawyer®
for his tireless litigation efforts.  Among
his career achievements are his role as
class co-counsel and co-trial counsel in
one of the largest civil settlement ever
approved by a federal court (In re Visa
Check/Master Money Antitrust Litiga-
tion, Case No. CV-96-5238 (EDNY),
which settled in April 2003 for $3.383
billion with an additional estimated $25-
87 billion in injunctive relief valued over
the decade following the settlement)
and the largest reported settlement in
California in 2010 (Friedman et al v 24
Hour Fitness USA, Inc., Case No CV-06-
062382 (C.D.Cal), which settled RICO
and EFTA claims on behalf of a nation-
wide class of approximately 1.5 million
consumers valued at approximately
$295 million).  Jeffrey brings this exten-
sive experience investigating and expos-
ing fraud and other unlawful conduct to
each of his whistleblower clients.
Click here to
view Jeffrey
Keller’s full
biography.
Click here to
view Kathleen
Scanlan’s full
biography.
2 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
Contents
Are You a
Whistleblower?
Already talked with your
employer?
Has the fraud by your
company been keeping
you up late at night?
Unique Blend of
Experience
What is a whistleblower?
What Laws Can a Whis-
tleblower Use?
What does Qui Tam
mean?
What are whistleblower
rewards?
What does the whis-
tleblower need to know
about the wrongdoing?
03
04
04
04
05
05
05
06
06
Is there some smoking gun type evidence
that a whistleblower should have to
bring a False Claims Act case?
What are the different types of whis-
tleblower False Claims Act cases?
What is the False Claims Act?
What if the whistleblower learned of the
fraud from publicly available information?
If Whistleblowers Report Fraud, Are
They Protected from Retaliation?
06
07
07
08
08
Are You a Whistleblower? | 3 KELLER GROVER LLP | 888.601.6939
Are You a
Whistleblower?
Whistleblowers are frequently in the news and the term
seems to be applied to a lot of different people.
So who is a whistleblower?
G
enerally, a whistleblower is someone who
exposes information that is not just sensi-
tive; it reveals actual wrongdoing. That wrong-
doing can take many forms and there’s a lot
of debate about whether some whistleblowers
are acting lawfully or not. When it comes to a
fraud on the government, though, there is no
doubt that Congress wants those
whistleblowers to come forward –
so much so that it created special
laws to encourage them to come
forward, protect them when they
do and reward them for doing it.
A whistleblower with evidence of
fraud on the government may be
able to use the federal or state False
Claims Acts to help expose the
fraud, recover money on behalf of the govern-
ment, protect themselves from improper retali-
ation, and share in the reward.
The government is the largest purchaser of
products and services in the country. Billions of
taxpayer dollars are lost every year to govern-
ment fraud. Fraud on the government can come
in many different favors affecting many differ-
ent industries.
What are the common
types of fraud on the
government where
whistleblowers typically
have information?
1. Healthcare fraud
2. Government contract and
defense fraud
3. Corporate
SEC/securities fraud
4. Other types of fraud against
the government like:
» Failure to fulfll
government grants
» Tax fraud
» Misreporting imports on
customs documents
» Countless other types
of fraud
Click here
to watch our
video
4 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
Already talked with
your employer?
A lot of whistleblowers report
what they witness internally
at their employer before they
contact a lawyer. They expect
the problem is just an oversight
or mistake and will be remedied
as soon as they point out that
it happened. Unfortunately,
many times, that’s when the
whistleblower learns it’s no
mistake at all and the retalia-
tion against them begins. It’s
a scenario we’ve seen play out
over and over again and why we
always want the whistleblow-
er to contact an experienced
whistleblower lawyer before
they raise an issue internally at
their workplace. But if a whis-
tleblower has already reported
the fraud internally, it’s never
too late to talk with a lawyer.
An experienced whistleblower
lawyer will come up to speed
quickly on the complete situ-
ation and dive in to help the
whistleblower navigate deci-
sion-making about whether
to bring an action. An expe-
rienced whistleblower lawyer
will also help protect against
retaliation related to reporting
the wrongdoing... If the case is
successful, the whistleblower
lawyer will also advocate for
the whistleblower to obtain the
maximum amount available
under the law as their reward
for exposing the fraud.
Has the fraud by your
company been keeping
you up late at night?
Whistleblowers are courageous,
dedicated people and I know
frst-hand how they are impact-
ed by what they’ve witnessed
and how committed they are
to exposing what they know.
They deserve a legal team that
is as invested as they are. That’s
something I am proud to say
Keller Grover does really well.
We’re in this together with
our whistleblowers. We devote
signifcant time and the frm’s
resources to every one of our
whistleblower cases. Sometimes
these cases can go on for more
than fve years, too. Since we
don’t get paid unless our whis-
tleblowers are successful, our
investment is proof of our com-
mitment to each whistleblower
we represent.
I’ve worked on all kinds of
cases. Some of them have even
re-shaped the way business is
conducted in certain indus-
tries. But the cases that are
the most satisfying for me are
those where we represent a
whistleblower exposing fraud
on the government. We get the
privilege of representing some-
one who is stepping forward
to expose a wrongdoing that is
costing all of us as taxpayers. A
lot of people go to law school
hoping they’ll represent clients
like this. We actually do.
Unique Blend of
Experience
When whistleblowers come to
Keller Grover they often times
will have learned of a fraud on
their job. This almost always
means they have workplace
legal issues to work out too.
They need lawyers who are not
just going to help them expose
the fraud. They need a lawyer
who is going to help them with
their employment issues too.
We have years of experience
fghting fraud and representing
whistleblowers. But we also
have a team of skilled employ-
ment lawyers with more than
20 years of experience dealing
with employment issues who
support our whistleblower
clients in that part of the pro-
cess as well. There are frms
out there with experience in
one area or the other. But we’re
rare in that we are committed
to representing whistleblowers
and have experience in both
fraud and employment matters.
Are You a Whistleblower? | 5 KELLER GROVER LLP | 888.601.6939
What Laws Can a Whistleblower Use?
The federal False Claims Act is one of the most powerful tools available to the
whistleblower. It was originally signed into law in 1863 to help combat fraud
by suppliers to the United States government during the Civil War. Today,
more than 150 years later, the False Claims Act remains one of the federal
government’s most effective weapons in fghting fraud against the government.
It has been so successful that many states and even some cities have passed
similar laws to target fraud on them too. So, depending on who the “victim”
of the fraud is, there are a variety of laws designed to help someone “blow the
whistle” on a government fraud.
What does Qui Tam mean?
Qui tam is a Latin phrase to describe the special situation where a
private citizen brings a lawsuit to recover on behalf of the govern-
ment. The defendant in a qui tam lawsuit is a company or citizen
who has committed fraud or violated certain governmental regula-
tions in a contract with the government. When a qui tam lawsuit
is successful, the government is entitled to triple its damages and
the qui tam whistleblower gets a percentage of whatever the gov-
ernment recovers. Qui tam lawsuits are a very special partnership
between the government and private citizens that enables the gov-
ernment to recover billions from wrongdoers every year.
What is a whistleblower?
S
imply put a whistleblower is the person who “blows the
whistle” on misconduct by reporting concerns about alleged
illegal or fraudulent conduct to the appropriate authorities.
When the wrongdoing is a fraud on the government a whis-
tleblower might expose healthcare fraud, defense contractor
fraud, procurement fraud, or even fraud for underpaying the
government. Most importantly, a whistleblower who has infor-
mation about a fraud on the government will be able to use laws
passed especially to encourage, protect and promote this exact
kind of whistleblowing.
Click here to
watch our video
Click here to
watch our video
Click here to watch our video
6 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
What does the whistleblower need to know
about the wrongdoing?
False Claims Act cases are
basically fraud cases. To prove
a fraud a whistleblower needs
more than a suspicion that
there’s wrongdoing. A good
rule of thumb is to ask whether
you can answer the who, what,
where, when, and why of the
fraud. Also, most important-
ly can you explain HOW the
fraud occurred. That is what
the government is going to ask,
and that’s what is going to have
to be proven in court.
What are whistleblower rewards?
Yes. Most whistleblowers are not familiar with whistleblow-
er rewards. Qui tam whistleblowers (referred to as “relators”)
receive a percentage of the funds the federal or state government
successfully recovers either by settlement or by judgment. By law
that amount is 15 to 30 percent of the government’s recovery,
depending on a few factors. These rewards provide incentives to
whistleblowers, in part, to acknowledge the risks whistleblowers
may take and to encourage them to come forward to help identify
these frauds despite the potential risks.
Is there some smoking gun type evidence that a whistleblower should
have to bring a False Claims Act case?
If I’ve learned anything as a
fraud lawyer over the last 20
years, it’s that no two cases are
exactly alike. So there is just
no way to say what a smoking
gun might be in a particular
instance. But any kind of doc-
uments or other information
that back up or support what
the whistleblower is saying
happened are extremely helpful.
Any information that can be
used to make it harder for the
defendant accused of fraud to
turn the case into a ‘he said,
she said’ kind of situation
where it’s the whistleblower’s
word against everyone else’s.
It’s actually one of the most
important reasons for a poten-
tial whistleblower to contact a
whistleblower lawyer early - to
understand what they have and
to decide based on that infor-
mation whether to go forward
with a lawsuit or not.
Click here to watch our video
Click here to watch our video
Click here to watch our video
Are You a Whistleblower? | 7 KELLER GROVER LLP | 888.601.6939
What is the False Claims Act?
The False Claims Act (“FCA”) is a federal law
that imposes liability on companies or individu-
als who defraud the government by improperly
receiving payments from the Federal government,
avoiding payment to the Federal government, or
failing to return overpayments. The FCA allows
someone with knowledge of fraud on the govern-
ment, commonly called a whistleblower who is
actually known in the case as the relator, to fle
a qui tam lawsuit on behalf of the government
to recoup the amounts improperly paid to the
defendants. By law, the relator is entitled to a
percentage of whatever the government recovers
if the case is successful.
What are the different types
of whistleblower False Claims
Act cases?
The US government buys everything from
computers and offce supplies to healthcare
and guided missiles. Any contractor selling
a product or service to the government who
engages in fraud in a government contact
may face liability under the False Claims
Act. That means whistleblower cases can
come from many different industries and
whistleblowers can report many differ-
ent types of fraud, like: healthcare fraud,
Medicare fraud, defense contractor fraud,
research grant fraud, pharmaceutical fraud,
construction and procurement fraud. Even
underpaying the government is a fraud.
Click here to
watch our video
Click here
to watch
our video
8 | Are You a Whistleblower? 888.601.6939 | KELLER GROVER LLP
If Whistleblowers Report
Fraud, Are They Protected
from Retaliation?
If a whistleblower faces retaliation relating to
efforts to expose violations of law –before, during
or after bringing a case, the whistleblower may
bring a claim for retaliation under the False Claims
Act along with the qui tam claim on behalf of the
government. Any damages recovered in the retali-
ation claim, which could include double back pay,
interest, costs and attorneys’ fees, belong solely
to the whistleblower and are not shared with the
government. Whistleblowers also may have rights
under the laws of whatever state they are in which
also protect against retaliation. §
What if the whis-
tleblower learned of
the fraud from publicly
available information?
If the only information the whis-
tleblower has is publicly available
the public disclosure bar may pre-
vent the whistleblower from going
forward with a lawsuit. That
includes things publicly disclosed
in any media, the internet, court
records, administrative hearings,
Congressional hearings or U.S.
General Accounting Offce re-
ports. Even Freedom of Informa-
tion Act requests can be a public
disclosure! There is an exception
if the whistleblower has inde-
pendent information that adds to
what the government knows so
it’s important that any person who
might think they have a case to
discuss these issues with an expe-
rienced whistleblower lawyer.
Click here to watch our video
Click here to watch our video
Visit us at online to fnd out more about whistleblowers.
View our disclaimer 
LOS ANGELES | OAKLAND | SAN JOSE
Main Offce: 1965 Market Street, San Francisco, CA 94103 - 888.601.6939
ReportGovFraudNow.com
WHISTLEBLOWER ATTORNEYS

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