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How to legally gather evidence for Qui Tam whistleblowing

On Behalf of | Nov 12, 2024 | Qui Tam Cases

Have you ever suspected your employer of overbilling on a government contract? Qui tam lawsuits allow individuals to file cases on behalf of the government against those committing fraud. Many New Yorkers, however, face uncertainty about legally gathering evidence.

Collecting evidence improperly can jeopardize your case and even lead to legal trouble. By learning the proper ways to gather evidence of fraud, you can better protect yourself and your case.

Understanding your rights under Qui Tam law

Before you start gathering evidence, know that New York’s state and federal False Claims Acts afford whistleblowers rights to:

  • Protection from retaliation for good-faith reporting
  • Potentially receive a share of recovered funds
  • Legal representation

The state encourages more residents to report unlawful practices despite the associated risks by providing these benefits and protections.

Gathering evidence legally

Blowing the whistle on fraudulent billing in government contracts can be tricky. To build a strong case that holds up in court, whistleblowers must gather evidence carefully without crossing legal or ethical lines.

Stick to lawful means of documenting suspected billing fraud, such as:

  • Taking detailed notes of suspicious billing practices or discrepancies
  • Saving copies of public contract documents and invoices that support your concerns
  • Only recording conversations about billing that you’re a part of since New York allows one-party consent
  • Photographing billing information or financial records, provided the information is not restricted

Document everything carefully and stick to facts. In evidence gathering, the strength of your findings matters more than the sheer amount.

Measures for self-protection

Watch your step to keep yourself legally safe. Think about playing it smart by keeping things under wraps and getting advice from a qui tam attorney early on. They can clue you in on pitfalls to avoid.

When it comes to qui tam cases, timing matters a lot. But don’t rush at the expense of being thorough. You’ll likely need to plan things carefully to build a solid case following New York law.

If you follow the rules, your work could make a real difference. When you help save taxpayer dollars, you help ensure that money can be used for programs that really benefit your community.