5 Steps To Take as You Prepare To Become a Whistleblower
Becoming a whistleblower is a courageous decision. It can also be stressful and risky for your career. Whether you’re exposing financial fraud, government contract abuse, or threats to public safety, it’s important to have the right legal guidance from the beginning.
The Columbus GA Whistleblower attorneys at Butler Prather LLP have guided clients through the FCA whistleblower process with discretion and an unwavering commitment to justice. This guide walks you through the five key steps you’ll want to take as you prepare to come forward.
You Don’t Have to Do This Alone
Butler Prather LLP offers a confidential consultation, and we won’t be intimidated by anybody. Call (706) 322-1990 to learn more today.
Reasons to See a GA Whistleblower Lawyer Right Away
The timing of your report could determine the success of your whistleblower claim. Under the False Claims Act and similar statutes, only the first person to file a valid complaint is eligible for a share of the recovery. Waiting too long could mean missing out on both protection and compensation.
You’ll want to protect yourself and your rights by speaking with an attorney as early as possible. An experienced whistleblower lawyer can:
- Help you gather and secure documentation
- Advise you on how to protect your job and reputation
- File your claim correctly under seal
- Communicate with the government on your behalf
What Is a Whistleblower Tort Under the False Claims Act?
A whistleblower is a person who reports fraud against the government under the False Claims Act (FCA). The False Claims Act allows private individuals to file lawsuits on behalf of the U.S. government when they discover fraud involving taxpayer dollars. Known as a qui tam action, these cases reward whistleblowers with a percentage of any money the government recovers.
Examples of FCA fraud include:
- Submitting false invoices to federal agencies
- Overcharging Medicare or Medicaid
- Delivering substandard goods under a defense contract
- Failing to perform on a government contract
In addition to exposing financial fraud, whistleblower torts advance public safety, taxpayer justice, and regulatory compliance.
Do You Have a Legitimate Case?
You may have a legitimate whistleblower case if you have evidence of fraud, misconduct, or a violation of law involving public funds or government contracts. You don’t need to have all the details figured out, but you must have credible, non-public information.
If you aren’t sure whether your evidence qualifies, a consultation with Butler Prather LLP can help clarify your options.
People who serve as whistleblowers may include:
- Government employees
- Contractors or subcontractors
- Compliance professionals
- Former employees
- Consultants or third-party vendors
How To File an FCA Whistleblower Tort
To file a False Claims Act case, you must:
- Gather evidence of the fraud or misconduct
- Work with a qualified attorney to prepare a sealed complaint
- Submit the complaint in federal court
- Provide a disclosure statement to the U.S. Department of Justice (DOJ)
- Cooperate with the government investigation
The DOJ will decide whether to intervene in the case. Regardless of the government’s decision, the whistleblower may continue the lawsuit with court approval.
Your Information Could Make a Big Difference
If you’re preparing to report fraud, call (706) 322-1990 to find out how we can help you do it safely and legally.
Step 1: Seek Legal Counsel
Before taking any other steps, speak with a knowledgeable Georgia whistleblower attorney. Whistleblower laws are complex, and every case is different. An experienced lawyer will assess your situation, protect your rights, and ensure that your claim is filed properly.
At Butler Prather LLP, we understand how to file under seal, how to avoid procedural missteps, and how to communicate with government investigators while keeping your interests at the forefront.
Step 2: Determining if You Have a Whistleblower Case
Whistleblower cases may fall under several federal programs, including:
- False Claims Act (FCA). Covers fraud involving government contracts, programs, or payments.
- IRS Whistleblower Program. Allows whistleblowers to report significant tax fraud or tax underpayments.
Types of misconduct that may qualify for an FCA claim include:
- Procurement fraud
- Military contractor fraud
- Medicare or Medicaid fraud
- Violation of a federal law, rule, or regulation
- Gross waste or mismanagement of funds
- Abuse of authority
- Conspiracy to defraud the government
- Illegitimate use of government property
- Substantial and specific danger to public health and safety
- Submitting a fraudulent claim
- Kickbacks or bribery
- Theft of government property
- Using false statements or records to avoid or decrease an obligation to pay
If you’ve witnessed any of these violations, we can help determine whether your claim qualifies under whistleblower protection statutes.
Step 3: Documenting Illicit Behavior
Documentation is crucial to the success of a whistleblower claim. You don’t need a complete case file, but the more organized and specific your evidence, the stronger your case will be.
Key questions to document:
- What type of misconduct occurred? (e.g., overbilling, falsified records, kickbacks)
- Who committed the misconduct? (names, titles, departments)
- What rules or laws were broken? (contract terms, federal regulations, ethical guidelines)
- When and where did the illicit behavior take place? (dates, locations, facilities)
- Who knew about the illicit behavior? (managers, coworkers, third parties)
Internal company documents, emails, spreadsheets, invoices, internal reports, and even handwritten notes can become essential evidence.
Do not remove or share proprietary documents until you have spoken with your attorney. We will guide you on how to preserve evidence legally and ethically.
Step 4: Filing a Complaint
After reviewing your evidence and determining your eligibility, your attorney will prepare and file a sealed complaint in federal court. At the same time, a detailed disclosure statement will be submitted to the Department of Justice.
Your complaint will remain under seal while the government investigates. This can take several months or even years. During that time, you may be contacted by DOJ attorneys or investigators.
If the government intervenes and recovers funds, you may be eligible for 15% to 25% of the recovery. If the government does not intervene and you continue the case independently, you may be eligible to receive up to 30%.
Step 5: Protecting Yourself from Retaliation
Fear of retaliation is one of the biggest reasons people hesitate to become whistleblowers. Fortunately, whistleblower laws include strong protections against workplace retaliation.
You are legally protected from:
- Termination
- Demotion or pay cuts
- Harassment or discrimination
- Blacklisting or denial of promotions
At Butler Prather LLP, we help protect whistleblowers who face unfair treatment for doing the right thing. If you do suffer retaliation, you may be entitled to receive:
- Reinstatement
- Double back pay with interest
- Compensation for emotional distress
- Attorney’s fees and litigation costs
Why Choose Us Over Other Georgia Whistleblower Attorneys?
At Butler Prather LLP, we are known for handling high-stakes litigation that others won’t touch. Our experience in complex whistleblower cases sets us apart. Our team understands that whistleblowers require legal strength and discretion. We offer both.
- Successful whistleblower litigation – including False Claims Act cases that resulted in hundreds of millions in recoveries for the government
- Featured in the Atlanta Bar Association’s Legends of the Bar Series – honoring James E. Butler Jr.’s legacy
- Recognized by Super Lawyers every year since 2019 – a reflection of consistent, peer-reviewed excellence
- Over 35 years of legal experience – representing clients in more than 30 states nationwide
What Clients Are Saying About Us
We had a very positive experience-Amie Harris (5-Star Google Review)
At Butler Prather LLP, everyone was always very friendly and helpful. We spent lots of time with them, and they always did what had to be done in a very timely manner. Communication was top notch. We had a very positive experience and would recommend them for sure.
Thank you so very much for all your hard work and dedication- Gary Nelson (5-Star Facebook Review)
Thank you so very much for all your hard work and dedication in helping us resolve this not-so-pleasant situation. We are so relieved that this matter is finally over.
Case Results
Whistleblower / False Claims – Over $161 Million
Cash Settlement – United States of America ex rel., Victor Bibby and Brian Donnelly v. JPMorgan Chase, et al. U.S. District Court, Northern District of Georgia, Atlanta Division. Six banks have settled claims under the False Claims Act brought by two whistleblowers for recovery of money on behalf of the U.S. Government. The banks which have agreed to settle are JPMorgan Chase ($45 million), Countrywide Home Loans, Inc. ($45 million), PNC Bank ($38 million), First Tennessee Bank ($16 million), SunTrust Mortgage ($10.2 million), and CitiMortgage ($7.5 million). The case alleges that eight banks cheated military veterans and taxpayers out of millions of dollars by hiding illegal fees in veterans’ home mortgage refinancing transactions and then sought to collect on void government loan guarantees. The case is still pending against Mortgage Investors Corporation, one of the biggest defendants with a large percentage of the total damages exposure.
Whistleblower / False Claims – $108 Million
Cash Settlement – United States of America ex rel. Victor Bibby and Brian Donnelly v. Wells Fargo Bank, N.A., et al. U.S. District Court, Northern District of Georgia, Atlanta Division. Wells Fargo Bank settled claims under the False Claims Act brought by two whistleblowers for recovery of money on behalf of the U.S. Government. Wells Fargo agreed to pay $108 million to settle claims that the bank cheated military veterans and taxpayers out of millions of dollars by hiding illegal fees in veterans’ home mortgage refinancing transactions and then sought to collect on void government loan guaranties. The case involved veterans’ Interest Rate Reduction Refinance Loans (“IRRRLs”) that spanned a more than twenty year period and included IRRRLs from all fifty states and the District of Columbia. Wells Fargo settled the claims prior to trial, which was scheduled to start in August, 2017.
Speak With a Trusted Whistleblower Attorney in Columbus
Becoming a whistleblower isn’t easy, but it can make a real difference: for taxpayers, for public safety, and for the rule of law. With the right legal team behind you, you can take this step confidently and with protection.
Our attorneys at Butler Prather LLP have decades of experience in and a track record of success handling whistleblower litigation. We understand what it takes to win, and we never lose sight of what’s truly at stake.
We’ve been here before and we know what to do. Contact us at (706) 322-1990 for a confidential consultation today.
Frequently Asked Questions
What should I do first if I’m thinking about becoming a whistleblower?
Your first step should be to speak with an experienced whistleblower attorney. A lawyer can help you understand your rights, evaluate the strength of your claim, and guide you through the legal protections available to you under federal law.
Can I be fired or punished for blowing the whistle?
Federal laws such as the False Claims Act prohibit employers from retaliating against whistleblowers. If you are fired, demoted, harassed, or otherwise punished for reporting misconduct, you may be entitled to reinstatement, double back pay, and compensation for emotional distress.
Do I need to have physical evidence to file a whistleblower claim?
While strong documentation helps, it is not always required. If you have credible, non-public information such as firsthand knowledge of fraud or misconduct, you may have a valid claim. Your attorney can help evaluate and develop the supporting evidence.
Is my identity kept confidential after I file a claim?
When you file a False Claims Act case, the complaint is filed under seal, which means your identity is kept confidential while the government investigates. However, if the case proceeds, your name may eventually become public.
Can I report fraud anonymously?
Some whistleblower programs like the IRS and SEC whistleblower programs allow anonymous filings if you are represented by an attorney. For FCA cases, your identity must be disclosed to the government, but it remains sealed during the investigation phase.
What kinds of misconduct can I report under whistleblower laws?
Whistleblower laws cover a wide range of misconduct, including government contract fraud, healthcare billing fraud, military contractor abuse, kickbacks, false claims for payment, use of defective products, and endangering public safety through regulatory violations.
What is a qui tam lawsuit?
A qui tam lawsuit is a type of whistleblower claim under the False Claims Act that allows private citizens to sue on behalf of the government. If the case results in a recovery, the whistleblower may receive a portion of the funds recovered.
What if someone else already reported the fraud?
Under the first-to-file rule, only the first person to bring a valid claim is eligible for a financial award. That’s why it’s important to act quickly and consult with a lawyer as soon as you become aware of potential fraud.
Can I file a whistleblower claim while still working for the company?
Yes. Many whistleblowers are current employees who are still witnessing misconduct. If you’re concerned about retaliation, your lawyer can help you take steps to protect your job while building your case.
Why should I work with Butler Prather LLP?
We have a proven track record in high-stakes litigation, including whistleblower claims involving hundreds of millions in government recovery. We handle your case with discretion, professionalism, and the experience necessary to protect your future while pursuing justice.
About Our Georgia Personal Injury Law Firm
Butler Prather LLP represents people in complex, high-stakes litigation across Georgia and the United States. With offices in Atlanta, Columbus, and Savannah, our firm is known for successfully taking on powerful corporations, government entities, and insurance companies.
Led by founding partner James E. Butler Jr. and trial lawyer Ramsey B. Prather, our legal team offers decades of trial experience, meticulous preparation, and an unwavering commitment to justice. We handle catastrophic injury, wrongful death, whistleblower, product liability, and business tort cases with the seriousness they deserve and the resources they demand.
When you work with us, you get a dedicated team that’s committed to doing what’s right, no matter how intimidating the opponent, or how complex the case may be.