|
|
Anonymity
For Whistleblowers
Fearful of further retaliation and damage to their careers, whistleblowers often wish to maintain anonymity while pursuing a False Claims Act case. Because filing a False Claims Act case involves the federal judicial system, it is not possible to guarantee complete anonymity. Having said that, however, certain features of the False Claims Act provide a degree of protection that most people find comforting and protective of their privacy.
Because False Claims Act suits are filed under seal, they are hidden from public view. Without a court order, the very existence of the case may not be disclosed by the government or the relator who filed the case. In addition, at the time of filing, the case is not served on the defendant. The combination of the seal and lack of service are almost always sufficient to prevent a company from knowing that an individual has blown the whistle on their wrongdoing. Although the company may soon learn that the government is investigating its conduct, it is still unlikely to know that a False Claims Act case has been filed or be able to identify the whistleblower who is assisting in the investigation.
"The
relator's identity can usually remain confidential until the case
is settled or unsealed by the court"
While the whistleblower’s identity is usually hidden from the
defendants, it usually cannot be kept from the government. Government
lawyers and investigators will almost always want to speak to the
whistleblower at the beginning of their investigation and often rely
on the whistleblower’s knowledge and expertise during the course
of the case. From the government’s standpoint, the whistleblower
is akin to a confidential informant.
Often during the government’s investigation, the government may
decide that it is useful for the defendant to know about the False
Claims Act case. Under those circumstances, the government will seek
a court order partially unsealing the case solely for the purpose
of showing it to the defendant. In many cases, we have been successful
in having the relator’s name deleted from the documents that
are given to the defendant when a partial unsealing occurs.
The relator’s identity can usually remain confidential
until the case is settled or unsealed by the court. Because most
False Claims Act cases take years to resolve, this frequently means
that the relator’s identity is unknown to the defendant for years
after the suit is first filed. If the government intervenes in the
case and it is successfully resolved, the relator’s identity
is revealed in the settlement agreement and when the case is unsealed
by the court.
If the government declines to intervene in the case, the relator has
to decide whether to continue the litigation or dismiss the action.
If the relator continues the case without the government, the case
will be unsealed and the relator’s identity will be revealed.
If the relator decides to dismiss the suit, many courts will leave
the suit under seal. In such a situation, the relator’s identity
will continue to be hidden from public view.
In general, the whistleblower can keep his or her name from public
view for at least some period of time after a False Claims Act case
is filed. However, every case is different and there are no guarantees
of anonymity.
|
