Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Whistleblower and qui tam laws allow private individuals to report fraud against the government and, in many cases, to bring a lawsuit on the government’s behalf. In the United States this practice is most commonly associated with the federal False Claims Act, which authorizes qui tam suits for false claims submitted to federal programs. Bay Shore, located in Suffolk County on Long Island, falls within the jurisdiction of the U.S. District Court for the Eastern District of New York for federal matters and within New York State courts for state-law claims. Local enforcement can also involve the New York State Attorney General, the Suffolk County District Attorney, and agency inspectors general that investigate program-specific fraud such as Medicaid or Medicare fraud.
Typical whistleblower matters in the Bay Shore area involve healthcare billing and Medicaid fraud, contractor and procurement fraud involving municipal or state contracts, insurance fraud, tax or benefits fraud, and grant or program misuse. Qui tam suits are complex, often litigated for years, and can result in significant recoveries for the government and relators when successful. Because both federal and New York state laws can apply, local knowledge is important when deciding how to proceed.
Qui tam and whistleblower matters present multiple legal and practical challenges where experienced counsel is essential. Common reasons to retain a lawyer include:
To file a qui tam complaint correctly. Federal qui tam complaints must be filed under seal in federal court and served on the U.S. Department of Justice and other appropriate agencies. The seal process, required filings, and service rules are technical and time-sensitive.
To preserve and evaluate evidence. A lawyer can advise on preserving documents and electronic data, help gather admissible evidence, and avoid actions that might jeopardize your case or expose you to claims of wrongdoing.
To manage interactions with government investigators. The DOJ, state attorney general, and inspectors general will investigate allegations. Counsel can communicate with investigators, protect your rights, and coordinate strategy if agencies intervene.
To protect against retaliation. Many whistleblowers face retaliation at work. An attorney can assess anti-retaliation claims, pursue remedies, and coordinate employment-related litigation if needed.
To assess personal risk. Depending on the circumstances, potential whistleblowers may face inquiries into their own conduct. Experienced counsel will evaluate exposure and negotiate resolutions or defenses when appropriate.
To negotiate relator’s share and handle settlements. If the government recovers, a lawyer will advocate for the relator’s fair share of recovery and handle settlement negotiations, fee petitions, and fee awards.
Federal False Claims Act - The federal False Claims Act permits private citizens, called relators, to file qui tam suits alleging fraud against federal programs and contracts. The complaint is filed under seal to allow government investigation. If the government intervenes, relators typically receive 15-25 percent of the recovery. If the government does not intervene, a relator may receive 25-30 percent, subject to court approval. Successful cases can yield treble damages and civil penalties per false claim, which are adjusted periodically for inflation. The statute of limitations is generally 6 years from the violation, or 3 years after the violation was or should have been discovered, but not more than 10 years after the violation.
New York State False Claims Laws - New York has its own statutory framework that allows qui tam-style claims and civil enforcement for fraud involving state funds, including Medicaid. The New York State Attorney General can pursue enforcement and relators may bring actions under state law. New York remedies can include treble damages and statutory penalties similar to federal law.
Anti-Retaliation Protections - Both federal and state laws provide anti-retaliation protections for whistleblowers. Federal statutes protect employees who report federal program fraud. New York also offers protections for public employees and, in some contexts, private employees who report wrongdoing. Remedies can include reinstatement, back pay, and compensatory damages, though the scope and procedures differ between statutes.
Local Venues and Authorities - Federal qui tam suits for Bay Shore residents would typically proceed in the U.S. District Court for the Eastern District of New York, with federal investigations led by the U.S. Attorney's Office and the Department of Justice. State-level claims go through New York State courts and enforcement channels such as the New York State Office of the Attorney General and the New York Office of the Medicaid Inspector General. Local prosecutors, such as the Suffolk County District Attorney, may also become involved where local criminal conduct is alleged.
A whistleblower is anyone who reports wrongdoing. A qui tam relator is a whistleblower who brings a private civil action on behalf of the government under statutes like the False Claims Act. Qui tam relators may be eligible for a share of any recovery the government obtains.
Federal qui tam complaints must be filed under seal in the appropriate federal district court and served on the U.S. Department of Justice under the seal. For Bay Shore residents that is usually the Eastern District of New York. You should retain counsel experienced in qui tam litigation before filing to ensure procedural compliance and to manage the seal and investigative stages.
Not necessarily. The Department of Justice evaluates sealed qui tam complaints and decides whether to intervene. The government may intervene in whole or in part, or decline to intervene. Even if the government declines, the relator can continue the suit on the government’s behalf, but different rules and share percentages may apply.
If the government intervenes, relators typically receive 15-25 percent of the recovery; if the government does not intervene, relators usually receive 25-30 percent, subject to court approval. These ranges can be affected by the relator’s role and whether the relator substantially contributed to the government’s recovery. Courts also award attorney fees and costs to prevailing relators in many cases.
Federal and state laws prohibit retaliation against employees who report fraud. Protected remedies often include reinstatement, back pay, compensatory damages, and sometimes punitive damages. The process and eligibility depend on the statute at issue. You should document all retaliatory acts and consult counsel promptly, because there are strict timelines for filing retaliation claims.
Anonymous reporting to certain hotlines or inspectors general may be possible, but filing a qui tam lawsuit is usually not anonymous because the relator’s identity becomes known to the government and, eventually, to the defendant if the case proceeds. Your attorney can discuss confidentiality concerns and initial steps that may preserve your anonymity during the investigative stage.
Prior internal reports or reports to regulators can be favorable, as they show you attempted to address the issue. However, public disclosures to the media or in certain forums can affect your ability to bring a qui tam claim under the public-disclosure bar. Discuss prior disclosures with counsel before taking further action.
Whistleblowers who were complicit in the fraudulent conduct may face criminal exposure. Courts consider the relator’s culpability when awarding a relator’s share and when resolving civil or criminal matters. It is critical to disclose potential personal exposure to your attorney so they can advise on strategy and possible defenses or negotiations with the government.
Qui tam cases commonly take several years. The initial seal and investigation phase can last from months to years. If the case is litigated, discovery, motions, and trial can extend the timeline. Many cases settle before trial, but settlements are negotiated only after complex investigations and discovery.
Look for attorneys or firms with demonstrable qui tam and whistleblower experience, especially with cases in the Eastern District of New York or New York State courts. Ask about their track record with FCA and state false claims matters, how they handle confidentiality, their fee arrangements, and whether they have experience coordinating with federal and state agencies. Initial consultations are usually confidential and may be offered at no charge.
U.S. Department of Justice - Civil Division - Fraud Section
U.S. Attorney's Office - Eastern District of New York
U.S. Department of Health and Human Services - Office of Inspector General
Centers for Medicare and Medicaid Services - Program Integrity and Compliance Offices
New York State Office of the Attorney General
New York Office of the Medicaid Inspector General
Suffolk County District Attorney's Office
National Whistleblower Center
Government Accountability Project
1. Preserve evidence. Make and keep copies of relevant emails, documents, billing records, time sheets, contracts, and other records. Avoid deleting or altering files. Do not destroy documents even if asked to do so by an employer.
2. Do not make public disclosures. Publicly disclosing allegations may interfere with your qui tam rights and investigative strategy. Avoid discussing the matter with co-workers or the media until you have legal guidance.
3. Create a timeline. Write down dates, participants, and a clear narrative of what happened. Note who knew what and when. This will help counsel assess the strength of your claims quickly.
4. Seek counsel experienced in qui tam and whistleblower law. Meet with potential attorneys to review facts, ask about contingency-fee structures, and understand confidentiality protections for the initial consultation. Ask whether they have litigated cases in the Eastern District of New York and handled coordination with the DOJ and state agencies.
5. Ask about concurrent claims. If you face retaliation, discuss with counsel whether you should pursue separate employment claims under state or federal anti-retaliation statutes in addition to or instead of a qui tam action.
6. Prepare for a long process. Qui tam litigation often involves prolonged investigation and negotiation with federal or state authorities. Your lawyer will explain likely steps, timelines, and potential outcomes based on the specifics of your case.
This guide is informational and not a substitute for advice from an attorney familiar with your situation. If you are considering a whistleblower or qui tam action in Bay Shore, contact qualified counsel promptly to protect your rights and preserve critical evidence.
