Frequently Asked Questions

At Beranbaum Menken LLP, some questions we frequently hear from clients include:

What if I am punished for reporting illegal activity?

Both United States and NYwhistleblower laws protect an employee from retaliation for reporting certain types of illegal or dangerous activities to the authorities. In many cases, however, an employee must follow a specific series of steps when reporting the events to receive full whistleblower protection. An NY whistleblower lawyer can help you determine whether you have grounds for whistleblower protection, and what steps you need to take to preserve your rights.

What is a qui tam case?

A qui tam case is a private lawsuit brought on behalf of the government. Federal, New York State, and New York City laws allow a private individual to bring a lawsuit against another person or company where the person or company has committed fraud against the government. If it is successful, the private individual who brings the lawsuit is able to take a portion of the proceeds from the suit as a reward for bringing the action.

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Do I have to bring the lawsuit myself if I am a whistleblower?

A whistleblower files a qui tam lawsuit under seal.  After filing, government attorneys will review the lawsuit, and if they approve of the case, will proceed with the litigation.  If the government attorneys decline to accept the case, the whistleblower can still proceed with the lawsuit, without government help.

How much compensation can I receive from qui tam litigation?

An individual who brings a qui tam suit under New York law may be able to collect between 15 and 25 percent of the recovery if the Attorney General intervenes.  They are likely to collect between 25 and 30 percent if the Attorney General does not intervene.

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Do I have to be the first one to report fraud in order to bring a qui tam case?

A whistleblower can only get compensated for bringing a qui tam case if the only reason the government knew about the fraud was because of the whistleblower's case.  Therefore, to preserve his or her right to compensation, a whistleblower should contact a qui tam / False Claims Act attorney before telling anyone else, such as the police, the media, or any other individual.

Do some law firms specialize in qui tam lawsuits?

Beranbaum Menken LLP has particular expertise representing employees under whistleblower protection statutes.  We currently represent plaintiff-relators in several qui tam suits, brought under both the federal and New York State False Claims Acts.  In one of our qui tam cases, the U.S. government intervened and the case was settled for $42.5 million.  U.S. ex rel Gallagher v. InterMune, Inc., C-04-4323 (N.D. Cal.).

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Contact our New York, NY qui tam lawyers today

If you feel that your rights may have been violated, contact the NY employment law attorneys of Beranbaum Menken LLP at 212-509-1616 to find out how we can help.