New York City Whistleblower Lawyer
Whistleblowers are brave people who identify illegal activity in an organization and report it to the authorities. These employees “blow the whistle” on fraud and other malfeasance, protecting the public in the process. Helpfully, various federal reward programs provide an incentive for whistleblowers to act. These laws also protect whistleblowers from retaliation.
If you suspect fraud or other illegal activity, contact Carey & Associates, P.C. Our New York City whistleblower lawyer can provide concrete advice about what steps to take and represent you in legal proceedings.
Whistleblower Reward Programs
A whistleblower who has evidence of fraud can often financially benefit by alerting the authorities. They might be able to sue on the government’s behalf or at least qualify for a percentage of the money recovered.
- IRS Whistleblower Program. A whistleblower who provides detailed information about tax fraud can receive up to 30% of any amount recovered.
- SEC Whistleblower Program. The SEC awards 10-30% of any money collected to whistleblowers where sanctions exceed $1 million.
- CFTC Whistleblower Program. The Commodity Futures Trading Commission will reward whistleblowers who share evidence of violations of the Commodity Exchange Act leading to enforcement actions. You can receive 10-30% of the money recovered.
- Money Laundering Whistleblower Program. The Anti-Money Laundering Whistleblower Improvement Act of 2022 created an incentives program. If you report money laundering, you can receive up to 30% of the sanctions collected.
- False Claims Act. The federal False Claims Act authorizes qui tam suits brought on behalf of the government by private citizens, who may receive 15-30% of the amount recovered.
These programs should afford confidentiality to anyone blowing the whistle on fraud, graft, and other illegal activity. You should also consult an experienced NYC whistleblower lawyer if you have questions.
False Claims Act in New York
New York also has a False Claims Act which empowers individuals to file qui tam lawsuits against anyone who defrauds the state. The statute imposes liability on people who knowingly submit fraudulent or false claims to the state for payment. Health care is a major source of fraud, with double billing common. A whistleblower can receive 15-30% of any money recovered. The amount you can receive will depend on whether the state intervenes.
The law also covers state income tax laws, where the defendant has at least $1 million in income and defrauds the state of at least $350,000. The defendant could be a business or an individual.
The New York False Claims Act has a 10-year statute of limitations, which is much longer than the federal deadline (of 6 years). You should work with a lawyer to decide if you have sufficient evidence of fraudulent activity.
Protections Against Retaliation
Many employees refuse to blow the whistle because they fear retaliation. It isn’t unusual for an employer to fire or demote a worker they suspect of reporting crimes or regulatory violations.
Employees are also protected when they report violations of the state or federal antidiscrimination laws. For example, you might report widespread sexual harassment, racial discrimination, or age discrimination.
Even participating in an investigation is protected. For example, a worker might allege sexual harassment by a boss. As a witness, you talk with investigators about what you observed, only to then suffer a demotion. This is protected activity, and you should consult an attorney if you believe an employer is “striking back” at you.
On your behalf, we can seek various remedies for retaliation:
- Job reinstatement
- Restoration of seniority rights
- Lost income (backpay) and interest on backpay
- Liquidated damages
- Compensatory damages
How Can a Whistleblower Attorney Help?
Anyone in possession of evidence of fraud or other illegal activity should quickly consult an attorney. A lawyer can help you understand what steps you must take to seek whistleblower protection. We can also help you see if you need additional evidence of fraud.
Carey & Associates, P.C. has worked for decades helping workers in New York City. Your choice of law firm matters. Big firms might be focused solely on obtaining money in a qui tam lawsuit and neglect to protect your rights as an employee. Our firm understands how frightened many whistleblowers feel. Nonetheless, they know no one else will report the fraud or illegal activity unless they do.
Our firm will:
- Listen to your story in a confidential meeting;
- Discuss how to obtain other evidence of fraud or illegal activity;
- Plan how to effectively blow the whistle, if you have not already done so;
- Analyze proof of retaliation by your employer;
- Take whatever steps are necessary to protect your rights.
Call Carey & Associates, P.C.
Whistleblowers use their voice for the greater good. Let us help protect your legal right. Call (914) 705-5427 to schedule a consultation
Practice Areas
- Employment Counseling
- Pregnancy Discrimination
- Disability Discrimination
- Age Discrimination
- Severance Negotiations
- Sexual Harassment & Gender Discrimination
- Connecticut Executive Compensation Lawyers
- Racial Discrimination
- Wage and Overtime Claims
- Sexual Orientation and Transgender (LGBTQ)
- Whistleblower Protection
- Family Medical Leave Act
- Pension and Disability Benefits Litigation
- Employment Defamation
- Religious Discrimination
- Noncompetition and Nonsolicitation Agreements
- Wrongful Termination
- Retaliation Discrimination
Client Testimonials
Mark and his team at Carey & Associates are incredibly knowledgeable about Employment Law and have walked me through every step of the way. Their approach and guidance has been extremely effective in dealing with my case. They instill a sense of confidence by laying out the facts, caselaw, and risk assessment to help make well informed decisions. I would highly recommend them to anyone looking for an Employment Attorney.
J.K.
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