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What is a Whistleblower Lawsuit?
At Mark A. Strauss Law, we stand with individuals who have the courage to expose fraud through whistleblower lawsuits under the False Claims Act and other whistleblower programs. As an experienced whistleblower attorney, Mark provides the strategic expertise and support needed to navigate the complexities of qui tam litigation, protect your rights, and maximize the whistleblower award you receive.
Fraud is their game. Integrity is yours.
Contact our office today for a free and confidential consultation with an experienced whistleblower attorney.

Whistleblower lawsuits, also known as a qui tam lawsuits, are a means by which private individuals can sue wrongdoers who defraud the United States government and share in the financial recovery. Qui tam lawsuits are typically brought under the False Claims Act (FCA), also known as Lincoln’s Law, which is the federal government’s primary tool for combating fraud, waste, and abuse in federal programs.
Whistleblowers—known as relators—play a crucial role in exposing schemes to defraud taxpayer-funded programs such as Medicare, Medicaid, government procurement, and more. By working with a qui tam attorney, whistleblowers can ensure their claims are presented effectively, maximizing their chances of success while securing legal protections and financial rewards for their efforts.
What Types of Fraud Are Covered Under Whistleblower Laws?
The False Claims Act and other whistleblower laws target a wide range of fraudulent activities that harm taxpayers and defraud federal programs. Some common examples include:
1. Customs Fraud and Import Duty Evasion
Fraudulent attempts to evade tariffs or import duties not only deprive the government of needed revenue. They also put law-abiding businesses at a disadvantage and undermine domestic industry. Customs fraud can include schemes such as:
- Misclassifying imported goods to lower tariff rates.
- Underreporting the value of goods to reduce customs duties.
- Falsely claiming duty exemptions or benefits under trade agreements.
- Failing to declare the fact that imported goods are subject to antidumping or countervailing duties or to special customs duties such as Section 301 tariffs on Chinese merchandise.
By their nature, customs fraud cases often span international borders. Mark Strauss has extensive experience working with overseas whistleblowers to hold unscrupulous importers accountable in U.S. courts.
2. Healthcare Fraud
Healthcare fraud costs taxpayers billions annually through Medicare and Medicaid, and includes:
- False billing for procedures or services not performed.
- Receiving kickbacks for patient referrals.
- Upcoding claims to charge for more expensive services or items than were provided.
3. Government Contracting and Procurement Fraud
Fraud involving government contracts undermines public trust, harms taxpayers, and often results in government agencies and the military receiving substandard goods or services. Common schemes include:
- Charging for defective goods or failing to meet contract specifications.
- Inflating costs or submitting fake invoices.
- Misrepresenting qualifications to win contracts.
4. Securities Fraud and SEC Whistleblower Cases
The Securities and Exchange Commission (SEC) whistleblower program encourages individuals to report violations of federal securities laws. Common forms of securities fraud include:
- Insider Trading: Using non-public information for trading advantages.
- Market Manipulation: Artificially inflating or deflating stock prices.
- Ponzi Schemes: Fraudulent investment scams that rely on funds from new investors to pay earlier participants.
SEC Whistleblowers whose information leads to sanctions of $1 million or more may receive 10–30% of the amount recovered. Working with an experienced whistleblower attorney ensures your claim is properly submitted while protecting your rights.
5. Federal Grant and Loan Fraud
Grant fraud and federal credit assistance fraud involves the misuse federal funds intended for specific purposes. Examples include:
- Providing false information to qualify for grants or loans.
- Diverting funds for personal use or non-approved activities.
- Inflating costs or submitting fraudulent documentation to justify additional funding.
Whistleblowers in these cases play a key role in recovering funds and ensuring that taxpayer dollars are used appropriately.
6. New York State & Federal Tax Fraud
Although the False Claims Act does not cover tax fraud, the IRS Whistleblower Program provides an avenue for reporting violations of federal tax laws. Similarly, New York State’s False Claims Act authorizes whistleblowers to bring claims related to state tax fraud in New York. Tax fraud may include:
- Underreporting income or overstating deductions.
- Concealing assets in offshore accounts.
- Using illegal tax shelters to evade payment.
Both the IRS Whistleblower Program and New York’s False Claims Act reward individuals with 15–30% of the recovered amount if their information leads to enforcement action.
Why Do You Need an Experienced Whistleblower Attorney?
Filing a whistleblower lawsuit is a complex and high-stakes process requiring meticulous preparation and strategic guidance. Working with a seasoned qui tam attorney ensures your claim is handled effectively at every stage, from initial evaluation to resolution.
At Mark A. Strauss Law, we provide:
1. Free, Confidential Case Evaluation
During your free case evaluation, we will assess your evidence to determine if it qualifies under the False Claims Act or other whistleblower programs. All communications with Mark A. Strauss Law are kept confidential and are protected by attorney-client privilege.
2. Preparation of Disclosure Statements and Complaints
We draft and file the required documents, ensuring compliance with federal and state laws while presenting a compelling case to the government.
3. Collaboration with Government Agencies
We liaise with federal investigators and prosecutors to support their investigation and strengthen your case.
4. Tenacious Advocacy in Declined Cases
If the government declines to intervene, we guide you in deciding whether to pursue the case independently, leveraging our extensive litigation experience to achieve the best possible outcome for your claim.
Fraud is their game.
Integrity is yours.
How Do You File a Qui Tam Lawsuit?
Filing a qui tam lawsuit is a significant step in exposing fraud against the government and recovering taxpayer funds. However, the process can be complex, requiring meticulous preparation, strict adherence to legal requirements, and the guidance of an experienced whistleblower attorney. Here are the essential steps to filing a successful qui tam lawsuit:
1. Determine If the False Claims Act Is Being Violated
Before proceeding, it is critical to confirm that the fraudulent conduct in question constitutes a violation of the False Claims Act (FCA) or other applicable whistleblower statute. The FCA addresses instances where individuals or companies knowingly defraud the government by:
- Submitting false claims for payment.
- Withholding money owed to the government.
- Creating fraudulent records or invoices to justify improper payments.
Other whistleblower statutes, such as the Dodd-Frank Act covering securities fraud, cover other specific types of fraudulent conduct.
An experienced whistleblower lawyer can help you evaluate whether the conduct you observed meets the legal standards of the FCA or other applicable whistleblower statute. This evaluation is crucial, as only cases involving clear and substantial violations are likely to succeed.
2. Collect Evidence of Fraud
A successful qui tam lawsuit relies on the strength of the evidence presented. Whistleblowers should gather as much relevant documentation as possible, including:
- Invoices, contracts, and financial statements.
- Internal emails or memos discussing fraudulent activities.
- Reports, logs, or communications that confirm noncompliance with laws or contracts.
It is essential to handle evidence carefully and avoid detection when collecting it. Your attorney will help identify which pieces of evidence are most relevant and ensure they are presented properly to support your claim.
3. Consult an Experienced Whistleblower Attorney
The False Claims Act’s legal framework is highly specialized and requires expertise to navigate effectively. Partnering with a qualified qui tam attorney is essential to:
- Ensure compliance with procedural rules.
- Maximize your chances of government intervention in your case.
- Protect you from potential retaliation by your employer.
An experienced attorney will draft the necessary documents, provide strategic advice, and advocate on your behalf throughout the process. Choosing a lawyer with a strong track record of successful recoveries is critical.
4. File the Qui Tam Complaint Under Seal
The next step involves filing a detailed complaint in federal court. Qui tam lawsuits are filed under seal, meaning the case remains confidential while the government investigates. During this time:
- The defendant is not informed of the lawsuit.
- The government reviews the allegations and evidence presented.
The initial seal period is 60 days, but the government often requests extensions, as investigations can take months or even years. Your attorney will handle communications with government investigators, ensuring the case remains on track.
5. Cooperate with the Government’s Investigation
A crucial part of the qui tam process is assisting the government’s investigation. Whistleblowers may be asked to:
- Provide additional evidence or clarification.
- Participate in interviews with investigators.
- Offer insights into how the fraud was carried out.
The goal is to convince the government to intervene in the case, as intervention significantly increases the likelihood of a successful outcome.
6. Be Patient and Do Not Disclose the Existence of Your Claim to Anyone
Qui tam lawsuits can take years to resolve, requiring patience and discretion as the government investigates the allegations. During this time, whistleblowers must:
- Not discuss the case with anyone other than their attorney.
- Maintain confidentiality regarding the lawsuit’s existence and its details.
Your attorney will manage the legal complexities and keep you informed about the case’s progress every step of the way.
7. Collect Your Whistleblower Award
If your lawsuit results in a recovery, either through settlement or trial, you are entitled to a share of the recovered funds. Whistleblowers typically receive:
- 15–25% of the recovery in cases where the government intervenes.
- 25–30% of the recovery in cases pursued without government intervention.
In addition to recovering stolen funds, the FCA allows for treble damages—tripling the government’s losses—which can lead to substantial financial rewards for whistleblowers.
Legal Protections for Whistleblowers
The False Claims Act and other whistleblower laws offer strong protection against retaliation, including:
- Reinstatement to your former position.
- Double back pay with interest.
- Compensation for attorney’s fees and damages for emotional distress.
Mark A. Strauss will vigorously defend your rights throughout the entire whistleblower lawsuit process, and can advise you on how best to protect yourself from retaliation by your employer.
Why Choose Mark A. Strauss Law?
Mark A. Strauss is a trusted advocate for whistleblowers with a proven track record in qui tam litigation and other complex civil cases.
- Extensive Experience: Mark has successfully handled complex and wide-ranging whistleblower cases involving customs fraud, securities fraud, and more.
- Client-Focused Advocacy: We prioritize your confidentiality, protection, and success.
- Results-Driven Representation: Our goal is to maximize your recovery and protect your rights while holding fraudsters accountable.
Blow the Whistle on Fraud Today
If you have knowledge of fraud against the government, taking prompt action is essential. The False Claims Act’s “first-to-file” rule means only the first whistleblower to report the fraud can receive a monetary reward.
Contact Mark A. Strauss Law today for a free and confidential consultation with an experienced whistleblower attorney. Together, we can expose fraud, recover taxpayer funds, and protect your rights.
Fraud is their game. Integrity is yours.
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Published By
Attorney Mark A. Strauss
Mark is a battle-hardened and tenacious anti-fraud attorney with more than twenty years of experience in complex civil litigation. He has represented qui tam whistleblowers under the False Claims Act as well as victims of fraud under the federal securities laws and the Racketeer Influenced and Corrupt Organizations Act (RICO). His efforts have resulted in the recovery of hundreds of millions of dollars for clients.
Practices
Whistleblower Practices
- False Claims Act Whistleblower Lawsuits
- Customs Fraud
- COVID-19 Relief Fraud
- Healthcare Fraud
- Government Contracting & Procurement Fraud
- Grant Fraud
- Federal Credit Assistance Fraud
- Securities Law Violations & the SEC Whistleblower Program
- Tax Fraud & the IRS and New York State Whistleblower Programs
- State False Claims Acts