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In Mexicali, Mexico, whistleblower and qui tam laws are designed to protect individuals who report illegal activities, fraud, and other wrongdoing within an organization. Under these laws, reprieves are offered to so-called whistleblowers if they testify or provide evidence for the prosecution against the entity in question. Qui tam actions allow private citizens to sue on behalf of governmental authorities if they have evidence of fraud against the government and may receive a portion of any recovered damages.
You may need a lawyer when you notice illicit conduct in your organization and feel the need to expose it, but are afraid of retaliation or legal repercussions. Lawyers specialising in whistleblower and qui tam laws can advise you on your rights, the process of reporting, and assist in the protection against retribution. In the case of a qui tam lawsuit, a lawyer can represent you and help you to navigate the complex lawsuit process while also increasing the chances of receiving a reward from the suit.
As per Mexican law, whistleblowers are protected under the Federal Law of Responsibility of Public Servants and also the Federal Criminal Code which covers more explicit provisions about bribery and corruption. These acts constitutionalize the duty of every public servant to report illegal acts, protect the whistleblower against consequences of their reporting, and provide guidance for public agencies to handle incoming reports. Qui tam actions, although less recognized, can be initiated based on evidence of fraud against government bodies.
A whistleblower is an individual who reveals illicit or unethical activities within a public or private organization.
A qui tam action is a lawsuit brought by a private citizen (popularly called a “relator”) against a person or company who is believed to have violated the law in the performance of a contract with the government or in violation of a government regulation, when the government has been damaged in some way.
Under Mexican law, whistleblowers have protections against retaliation from their employers, including with respect to dismissal, demotion, and other types of employment-related reprisals.
In a successful qui tam action, the relator is entitled to a percentage (typically 15-25%) of any recovered damages.
Anybody who uncovers illegal, unethical, or wrongful actions within an organization can be a whistleblower, whether they are an employee, contractor or a private citizen.
You may want to consult the official government portal for the Federal Law of Responsibility of Public Servants and Federal Criminal Code which provide comprehensive information on these subjects. INAI (National Institute of Transparency, Access to Information and Protection of Personal Data) can also be a useful resource.
If you believe that you have information about unlawful activities and consider blowing a whistle or initiating a qui tam action, the first step should be consulting an experienced attorney who can provide you with necessary guidance and assistance. Prepare thoroughly by documenting any evidence of wrongdoing and carefully log any retaliatory actions, if applicable, to strengthen your protection and claim.
