Filing if Implicated in Fraud

Can someone still move forward with a whistleblower case if they are involved with or implicated in the fraud themselves?

Answer: The difficulty under the False Claims Act is the term “planned and initiated.” That makes it difficult for a whistleblower to collect under the statue if they were involved in such planning and initiating. If a person is implicated in the fraud, that is certainly an issue to discuss with an attorney.  It will be important to determine exactly what the facts are about the level of involvement of the fraud.

Generally, however, yes, you can file a case and be the whistleblower even if you are somehow implicated in the fraud. If you’re the person who planned, initiated, and totally profited from the fraud, that’s going to make it quite difficult under the False Claims Act. If you were ordered to do stuff and you protested it, but you still had to do it to keep your job, that could put you in a different light in terms of being able to file a case and collect under the law.

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