DOD/Defense Contract Whistleblower Attorney (January Update)

We Represent DOD Personnel, Members of the Military, and Defense Contractor Employees in Federal Whistleblower Cases

The U.S. Department of Defense (DOD) and its defense contractors are essential to protecting our nation’s security. But, employees of the DOD and its defense contractors play essential roles as well. Integrity is critical to the success of the DOD’s operations, and DOD personnel, members of the military, and employees of defense contractors are among those who are in the best position to expose false claims, waste, and abuse.

If you have information about defense contract false claims or any other form of fraud, waste, or abuse involving the DOD, it will be important for you to speak with a DOD whistleblower attorney about coming forward. Your information may be extremely valuable to the government, and coming forward promptly could be essential for mitigating the government’s (and taxpayers’) losses. Our whistleblower lawyers can help you decide what to do—and, if coming forward is your next step, we can work with the DOD on your behalf.

A DOD defense contract whistleblower who reasonably believes is evidence of securities violations, gross waste, gross mismanagement, abuse of authority, or a substantial and specific danger to public health or safety may report misconduct to a law enforcement agency, the head of the agency, a law enforcement representative, a member of Congress, or another executive branch official, as well as the Government Accountability Office or any appropriate district court. Whether exposing misuse of DOD funds, violations of any law, rule, or regulation, or contract oversight failures involving a DOD contract or contractor or subcontractor misconduct, whistleblowers are protected for lawfully reporting waste, fraud, or abuse of authority relating to national security or defense procurement.

Under federal whistleblower statutes and other applicable federal law, DOD personnel and contractor employees cannot be discharged, demoted, or otherwise discriminated against for bringing a complaint regarding the reprisal, including when the alleged reprisal took place after refusing to sign internal confidentiality agreements or certain internal confidentiality agreements that improperly restrict reporting. If a whistleblower is retaliated against, they may seek compensatory damages, including back pay, employment benefits, and attorneys’ fees and expert costs through a United States District Court action.

When Can (and Should) You Blow the Whistle on Defense Contract Fraud, Waste, or Abuse?

When can (and should) you blow the whistle on defense contract false claims, waste, or abuse? Under the Whistleblower Protection Act (WPA) and other federal statutes, DOD personnel, members of the military, and employees of defense contractors can receive whistleblower protections for reporting:

• Violations of federal laws, rules, or regulations
• Gross mismanagement of government programs or funds
• Gross waste of DOD funds
• Abuse of authority
• Substantial and specific dangers to public health or safety

Within each of these five broad categories, whistleblowers can report several different types of false claims, waste, and abuse to the DOD (or other appropriate federal authorities). For example, some of the most commonly reported violations include:

• Fraud during the DOD contract bidding process (including collusion between defense contractors and subcontractors)
• Overbilling the DOD under defense contracts
• Substituting inferior materials under a DOD contract
• Billing the DOD for items or services provided to non-government clients
• Bribery and other forms of public corruption in connection with efforts to retain a DOD contract or avoid scrutiny for false claims or other violations

If you work for the DOD or a defense contractor, or if you are a member of the Armed Forces and you have any information about any form of possible defense contract fraud, we encourage you to contact us promptly. This includes information about false claims act perpetrated by defense contractors and subcontractors as well as mismanagement, abuse of authority, and other forms of misconduct perpetrated within the DOD. A DOD whistleblower attorney at Oberheiden P.C. can walk you through everything you need to know about coming forward; and, if you decide to come forward, we can communicate with the DOD (or other appropriate federal authorities) on your behalf.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

How We Help DOD/Defense Contractor Whistleblowers

Individuals who blow the whistle on defense contractor of flase claims act and statutory and regulatory violations within the DOD play an important role in protecting taxpayer funds and preserving taxpayers’ confidence in the DOD’s operations. The DOD relies on—and encourages—individuals in both the public and private sectors to come forward with information about fraud, waste, and abuse. As a result, if you think you may be able to serve as a whistleblower, you should not hesitate to speak with an attorney.

Here’s how a defense contractor whistleblower attorney at Oberheiden P.C. can help:

We Will Protect Your Identity

The Whistleblower Protection Act and other federal whistleblower statutes entitle you to confidentiality when you blow the whistle on DOD personnel or a defense contractor. Our attorneys can help protect your identity so that you do not face any unjustified and unlawful repercussions. In the event that your identity is made public due to circumstances beyond our control, we can help you seek all available remedies should your employer retaliate in violation of federal law.

We Will Help You Decide Whether to Come Forward

When you contact us, there is absolutely no obligation for you to move forward with filing a whistleblower complaint. Most of our whistleblower clients come to us with questions—unsure of what, if anything, they need to do. Our DOD whistleblower attorneys will help you make informed decisions about your next steps; and, either way, you owe us nothing for the advice you receive during your consultation.

We Will Communicate with the DOD and/or Other Federal Authorities on Your Behalf

If you decide to come forward, our attorneys will communicate with the DOD and any other relevant federal authorities on your behalf. We will make sure you receive whistleblower status under the Whistleblower Protection Act or other pertinent statutes, and we will make clear that you want your identity protected. We will continue to work with the government throughout its subsequent procedures—including its investigation centered on the information you provide.

We Will Work Closely with You Throughout the Process

In addition to working with the federal government on your behalf, we will also work closely with you throughout the process. You may need to be involved in various capacities, and we will advise you and provide recommendations every step of the way. We will also be here to answer your questions—and we encourage our whistleblower clients to get in touch whenever they have questions or concerns.

We Will Work to Help the Government Establish Accountability

Blowing the whistle is about more than just filing a complaint. It is also about establishing accountability so that the fraud, waste, or abuse you have uncovered does not continue to cost taxpayers or threaten national security. Once we file your whistleblower complaint, we will continue to work alongside the government throughout its investigative and law enforcement processes. Many of our attorneys previously prosecuted fraud and other crimes at the U.S. Department of Justice (DOJ), so we are intimately familiar with the federal government’s investigative and law enforcement tactics and priorities.

What To Do if You Have Information About Defense Contract Fraud or DOD Waste or Abuse

If you have information (or believe you may have information) about defense contract fraud or DOD waste or abuse, these are some of the steps you will want to take as soon as possible:

• Preserve the information you have in your possession. But, be careful not to violate any restrictions on copying or relocating classified, secret, or confidential information.
• Take detailed notes to prepare for your consultation with a DOD whistleblower qui tam attorney. Include as much information as you can about how you discovered the issue, who else might know, and any events that have transpired to date.
• Be sure not to share the information that you have with anyone other than your qui tam attorney. Disclosing the information to third parties could result in loss of protected whistleblower status.
• Remain calm. While it can be stressful to think about blowing the whistle, it is important to understand that coming forward is the right thing to do, and there are federal protections in place for people in your situation.
• Talk to a defense contract whistleblower lawyer. Before you contact the DOD (or any other federal authorities), you will want to ensure that you know exactly what you need to do and what you can expect in the days and weeks to come.

FAQs: Taking Action as a DOD Whistleblower