This post is a 2nd in a series of blogs on the book "The
Whistleblower's Handbook" by Stephen Kohn. The 2nd chapter of the book
is called "Follow the Money" or as I like to call it SHOW ME THE MONEY!
Kohn outlines the four qui tam laws that provide financial incentives
to whistleblowers, which I have covered in a previous post "Whistleblower Programs with Monetary Awards."
According to the "False Claims Act Correction Act of 2008," dated September 25, 2008, a great deal of fraud would go unnoticed absent the assistance of whistleblowers.
Complex economic wrongdoing cannot be detected or deterred effectively
without the help of those who are intimately familiar with it. Law
enforcement will always be outsiders to organizations where fraud is
occurring. They will not find out about such fraud until it is too late,
if at all. When law enforcement does find out about such fraud, it is
very labor intensive to investigate. Fraud is usually buried in
mountains of paper or digital documents. It is hidden within an
organization. Many different people within an organization, in multiple
offices, divisions, and corporate capacities, may have participated in
the illegality. Because of the complex nature of economic crime and the
diffuse nature of business environments, it may not be apparent, perhaps
for years, that malfeasance is afoot. By then, victims will have been
hurt, records and witnesses will have disappeared, and memories will
have faded Given these facts, insiders who are willing to blow the
whistle are the only effective way to learn that wrongdoing has
occurred. Information from insiders is the only way to effectively and efficiently piece together what happen and who is responsible. Insiders
can provide invaluable assistance during an investigation by
identifying key records and witnesses, interpreting technical or
industry information, providing expertise, and explaining the customs
and habits of the business or industry. Help from an insider
can save time and expense for both law enforcement and putative
defendants by focusing the investigation on relevant areas. Because of the valuable information brought by insiders, it is no surprise that Government officials state: ‘Whistleblowers are essential to our operation. Without them, we wouldn’t have cases.’
Question: How do you know if you have a case under the False Claims Act?
One Simple Answer:
Does the taxpayer on the hook for any of the costs that may be incurred
for any misconduct you have identified. As reported on in a recent
post "Whistleblower Payouts Could Have Reached $252 billion in 2013,"
estimated annual fraud losses of among companies in the United States
is $840 billion. This means that fraud is all around us...time to rat
out your company and save money for the taxpayers and cash in a fat
check yourself!
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