Our Washington, DC-based law firm represents clients all over the world, with a successful history of winning in both federal and California False Claims Act cases.
When seeking a Sacramento whistleblower attorney, look no further than Kohn, Kohn and Colapinto. We represent whistleblowers who blow the whistle on securities fraud, commodities fraud, money laundering, tax evasion, and False Claims Act violations involving Medicare and government contracts involving federal or state funds.
Our attorneys have won multiple cases using the California State False Claims Act. The most notable case is Aaron Westrick, who was research director at Second Chance Body Armor, who blew the whistle on defective bulletproof vest, essentially saving millions of lives of those in service. Westrick used the California False Claims Act and Federal False Claims Act to win his case.
Those living in Sacramento believe they know of a person abusing California state funds may be eligible to receive an award for their information, as well as protection against retaliation. They may also be eligible for an award under other federal programs, depending on the fraud or misconduct.
Below is an overview of the various types of programs and what they cover:
- Government Contract Fraud: Whistleblowers can use the federal False Claims Act or California False Claims Act if they want to report fraud, misconduct, waste, or abuse in federal or state contracts. This includes fraud against the U.S. government through government contracts, such as Medicare, Medicaid, Defense, or other technology services.
- Securities Fraud: Whistleblowers can report violations of securities law under the SEC Whistleblower Program. This includes market manipulation, insider trading, Ponzi schemes, and investment frauds that violate federal securities laws.
- Commodities Fraud: Whistleblowers who know of a commodities violation under the CFTC Whistleblower Program. This includes the manipulation of commodities markets, and might include accounting fraud, and dishonest trading practices.
- Money Laundering: Those who know of money laundering can use the Anti-Money Laundering Program. This applies to any entity converting illegitimate money into legitimate money, or aiding in the process, such as in banking.
- Tax Evasion: The IRS Office of the Whistleblower provides awards to those who report tax evasion. This includes the deliberate attempt to evade taxes through various schemes, such as offshore banking, shell bank accounts, false reporting, and other such tactics.
- Foreign Corruption: Whistleblowers may use the Foreign Corrupt Practices Act to report any instances of foreign bribery that allow a business to gain an unfair business advantage. Anybody can use the FCPA, regardless of whether they’re in Sacramento or Hong Kong.
Our firm has been involved in many other complex whistleblower cases. Some of the other areas of focus are on cryptocurrencies, artificial intelligence, cyber security, illegal NDA’s and other issues which pose a major health risk to the public or financial markets.
California False Claims Act
Residents who work in Sacramento should be aware that California has it’s own False Claims Act, which allows whistleblowers to bring civil action against any person who knowingly makes or uses false statements or documents to obtain money or property from California, OR avoids paying money or transmitting money or property to the state of California.
California also extends liability to those who benefit from an accidental false claim if they don’t disclose it promptly. Additionally, simply ignoring the truthfulness of a claim can be considered “knowing” fraud under California law.
Penalties for submitting false claims are severe, with damages tripled and per-claim fines exceeding $20,000 (adjusted for inflation). The California False Claims Act has a qui tam reward provision, which covers healthcare fraud, and other wrongdoing or fraud against the state, except for tax fraud or workers compensation fraud.
Under the California False Claims Act, those who help the state in a fraud case may be eligible to receive between 15 and 25 percent of the monies the state recovers, and up to 30 percent if the state doesn’t intervene. Whistleblowers may also be eligible for other federal awards.
California’s Strong Protections: The Public Policy Exception
California offers robust protections for employees through the public policy exception to at-will employment. This means even though most jobs are “at-will” (meaning employer or employee can terminate at any time), there are situations where termination is illegal.
When Does the Public Policy Exception Apply?
The exception applies if you’re fired for:
- Refusing to break the law: Your employer can’t fire you for saying no to illegal activity, like falsifying records.
- Performing a legal obligation: This covers things like serving on jury duty or taking time off to vote.
- Exercising a legal right or privilege: This can include filing a wage claim or taking medical leave under the California Family Rights Act (CFRA).
- Reporting a potential violation of an important law: You’re protected if you report safety hazards or discrimination to a supervisor or government agency.
Seeking a California Whistleblower Attorney?
Our firm is nationally recognized, so whether you’re in Sacramento, California or another part of the U.S., our team has the federal and state expertise to fight and win your case. Our team has been practicing law for over 35 years and has been influential in the creation of several whistleblower laws through our valiant pro bono efforts.
If you know of defrauding the State of California, get in touch with one of our whistleblower attorneys today for a free and confidential consultation. In many cases, our attorneys only get compensated if they win your case, meaning we only get paid if we win your case.
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