When evaluating evidence provided by a whistleblower, the federal government may consult with experts as well as the whistleblower. Indeed, in many cases, Whistleblowers act as experts. They usually bring g some level of understanding of what is going on in the industry and can explain why what is happening in their case is wrong.
Choosing to Consult with Experts in Federal Whistleblower Cases
Before consulting experts in a False Claims Act investigation, the government will likely review the complaint filed by the whistleblower and the supporting information. A disclosure of such material is generally provided to the government prior to filing the complaint. After reviewing the complaint, the government often chooses to discuss the case with the whistleblower.
The government would want to know of any other sources of information including any potential witnesses, especially those not currently employed by the defendant. Investigators could ask the whistleblower for contacts in order to corroborate at least some of the whistleblower’s allegations. The government may then consult with their own experts in order to determine if they feel they should pursue the case and if there are other ways to corroborate the whistleblower’s claims.
Who Pays for Expert Assistance in Federal Whistleblower Investigations?
When conducting an investigation, the federal government does so with its own resources. Once the government takes over a case, it is then responsible for litigation costs including the cost of any expert witness they consult.
Although the government has many more resources than individual whistleblowers, it does not have unlimited resources. However, if the government does pursue the case it will be sure to have whatever resources are needed to do so successfully.
Importance of Hiring Experts for an FCA Proceeding
In a way, the first “expert: introduced during an FCA proceeding is often the whistleblower. The whistleblower has to have a certain level of expertise within their own industry to understand what is not allowed. In pursuing the case to trial, the government may choose to consult with additional experts. They may want to have in house contracting experts or experts in any particular scientific field to be able to corroborate the allegations presented by the whistleblower.
Learn More About Experts in Federal Whistleblower Cases
If you are looking to hold your employer responsible for taking advantage of the government, as well as others, you may have questions about how to do so while protecting yourself at the same time. A whistleblower attorney in DC could inform you of your legal options. Depending on your allegations and the type of case you may file, the federal government may also decide to discuss your case with you. If so, contacting an attorney with a professional familiarity in this field could prove to be very helpful.