If the Whistleblower Needs an Expert Witness to Advance a Qui Tam, there’s a Problem.

People misunderstand expert witnesses.  I run into this problem all day long and am forever explaining to a client or some other well-meaning finance industry professional the very limited circumstances in which the hire of an “expert witness” make sense … Continue reading

But is it a “Material” Violation?

Some whistleblowers don’t understand they must allege material violations to qualify for a qui tam award.  They reason that any violation is enough.  It’s not that simple.  Some violations are relatively benign.  Those types of violations won’t adequately fuel a … Continue reading

Hoo Boy! Can’t Wait for the CFE Conference at John Jay!

Tom Borgers is putting together a conference for Certified Fraud Examiners.  It’s scheduled for June 14, 2013, and will be held at John Jay College of Criminal Justice, which is part of the City University of New York.  I’m a … Continue reading

The FCA Complaint – There’s an art to it

Every once in a while, I get called to consult/advise – whatever you want to call it – on a wrongful termination case for defense.  DEFENSE!?! I know, right?  Me and defense counsel getting together is almost always a recipe … Continue reading

It’s Just Dicta – A little legal analysis for whistleblowers

Armchair legal analysis can be irresistible to whistleblowers.  Why fight the impulse?  Whistleblowers should be highly educated about their potential case.  Some surf the Internet to all hours of the night, and all of a sudden, they find a legal opinion that … Continue reading

Whistleblower Hurdles – Scheme Complexity

  Whistleblowers often develop their awareness of government fraud schemes over years. For me, I first had some nagging questions about what was going on; then, I studied those around me and formed a hypothesis.  I then watched for a … Continue reading

Forget the Perry Mason Fantasies: It Just Doesn’t Work That Way

Whistleblowers often have fantasies about a dramatic courtroom exchange with the defendant.   I have to break the news that things are not going to happen the way they visualize.  There isn’t going to be any sort of Perry Mason moment.  … Continue reading

Focus on Defendants’ Wrongdoing against Government & Shareholders, not Against You.

The biggest problem that I have when dealing with inquiries about whistleblower rewards is getting the whistleblower to focus on what the potential defendant did to defraud the government and/or the shareholders.  The whistleblower would rather talk about what the … Continue reading