There are a variety of laws that allow individuals to file a whistleblower case. In order to file a case under these laws, the individual needs information related to fraud. The fraud can relate to the government, securities, or on private insurance companies. Additionally, each of these laws have qui tam provisions and incentives. This means that after filing a complaint on behalf of another entity, if the case is successful, the
individual receives a portion of the reward.
The statutes that relate to government funds are different than the statutes that relate to private insurance funds, and securities violations.
The Federal False Claims Act and State False Claims Acts allow individuals to have standing to bring a case on behalf of the government. The individuals have to have knowledge of fraud, waste, or abuse. These individuals are “relators” or whistleblowers. AND if the government recovers money, the individual or “relator” receives 15-30% of the recovery.
Similarly, the California Insurance Fraud Prevention Act (“CIFPA”) gives standing to individuals to bring a case on behalf of private insurance companies. Above all, the individuals must have knowledge of fraud on private insurance entities in California. These whistleblowers will also receive a portion of the recovery if the case is successful, but a larger recovery. The CIFPA allows whistleblowers to receive up to 40% of the amount recovered.
These whistleblowers will also receive a portion of the recovery if the case is successful, but a larger recovery. The CIFPA allows whistleblowers to receive up to 40% of the amount recovered.
There is the SEC whistleblower program. Under this program, cases are not filed. Instead, tips are filed with the SEC. These tips must allege securities fraud or securities violations.
Whistleblower Laws
California Insurance Fraud Prevention Act
Motor Vehicle Safety Whistleblower Act
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