ATTORNEY NEWSLETTER
Whistleblower Discovery in Pending Cases
Recent Opinion Defines What Whistleblower Can See
Important Decision for Whistleblower
A recent federal district court opinion makes clear that a whistleblower who brings a false claims action against a defendant may be able to discover what that defendant shares with the government during the government’s investigation of the case. In United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019),[1] the Court ruled that a defendant’s presentations to the government are not protected from discovery by plaintiffs/relators. In the case, the relator alleged that Boston Scientific made false certifications with respect to devices it manufactured causing physicians to submit false claims for payment for those devices. The decision recognizes the whistleblower’s right to know about the defendant’s communications with the government regarding those claims.
The California whistleblower attorneys at Evans Law Firm, Inc. represent whistleblowers/relators in similar FCA cases against healthcare providers, pharmaceutical companies, product manufacturers, research institutions, and others who may commit fraud against the government. Our litigators are currently representing a whistleblower in a large FCA case against one of the world’s largest pharmaceutical companies. If you have credible information for a false claims whistleblower case or any other whistleblower case in California, call us today at (415)441-8669 and we can help. The government rewards whistleblowers for their efforts when the government recovers money from
Protection for Whistleblowers
Unscrupulous companies find many ways to take advantage of important government programs and private individuals who bring whistleblower/qui tams actions against these companies can expose such fraud. Importantly, federal and California laws protect you against retaliation from your employer for blowing the whistle on any fraud. 31 U.S.C. § 3730(h); Calif. Labor Code §§ 98.6 and 1102.5. If you are fired because you brought any fraud to light, you can fight back. You may be entitled to sue your employer and seek double back pay (with interest), reinstatement, reasonable attorneys’ fees, and reimbursement for certain costs in connection with the litigation. Our California whistleblower attorneys can represent you in any action for retaliation as well as represent you in your underlying whistleblower application.
Contact Us
Our whistleblower attorneys handle all types of whistleblower cases in addition to false claims cases, including cases for bank fraud under FIRREA/FIAFEA, commodity trading and securities fraud under the Commodities Futures Trading Commission Whistleblower Program and the Securities and Exchange Commission Whistleblower Program, and tax fraud under the Internal Revenue Service Whistleblower Program. If you or a loved one has information regarding false claims, offshore tax avoidance schemes against the IRS, or securities and commodity trading fraud in violation of SEC and CFTC regulations, contact Ingrid M. Evans and the other California whistleblower and false claims attorneys at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We also handle cases involving physical and financial elder abuse, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
[1] Evans Law Firm, Inc. is not involved in the case in any way.
