7 Reasons to Work With an Experienced Federal Whistleblower Lawyer

Learn Why It Is Important to Have Experienced Legal Representation When Blowing the Whistle with the Federal Government

Whistleblowers help the federal government recover billions of dollars in fraudulent taxpayer losses each year. They also help the government uncover and address corruption, discrimination, nepotism, and other unlawful practices that erode taxpayers’ confidence in our democratic institutions. If you believe you may have information that qualifies you as a whistleblower, it is important to ensure that you make informed decisions about coming forward.

This starts with talking to an experienced or a skilled whistleblower attorney in confidence. The lawyer you choose should have extensive experience representing federal whistleblowers and with federal whistleblower programs, and should ideally have prior experience handling whistleblower complaints on behalf of the government. At Oberheiden P.C., our whistleblower representation team includes several former U.S. Department of Justice (DOJ) attorneys as well as former high-ranking special agents with the Federal Bureau of Investigation (FBI) and other whistleblower law enforcement agencies. As a result, our federal whistleblower lawyers are well-versed in all aspects of federal whistleblower practice, and we can use our experience and insights to guide you confidently forward at our whistleblower law firm.

Why It Is Important to Work with an Experienced Federal Whistleblower Attorney

If you have information about fraud, waste, abuse of authority, or any other wrongdoing that entitles you to protect as a whistleblower, you are not legally required to hire a whistleblower lawyer to represent you. However, there are several reasons why it is best to have an experienced or expert whistleblower lawyer on your side. These reasons include:

1. Making an Informed Decision About Whether to Blow the Whistle

The first reason to work with experienced federal whistleblower attorneys is to ensure that you make an informed decision about whether to blow the whistle. This is a big decision that could have a significant impact on your life for months—or potentially even years—to come. While most federal whistleblowers find that coming forward is more than worth it in the end, you ultimately need to do what you believe is best for yourself, your family, and the government.

If you are prepared to move forward, you also need to ensure that the information you have in your possession qualifies you as a whistleblower. An experienced federal whistleblower lawyer will be able to determine whether you qualify as a whistleblower under the False Claims Act (FCA), the Whistleblower Protection Act (WPA), or another federal statute.

2. Making Sure You File Your Whistleblower Complaint with the Right Federal Agency or Court

Determining which statute applies to you will also allow your whistleblower attorney to determine where he or she needs to file your whistleblower complaint. If you work for the federal government, special rules apply, and you will need to select the appropriate office or agency from a list of possible choices. If you do not work for the federal government, the list of possible choices is much longer—though you will need to make the correct choice based on the information you have in your possession.

If you need to expose fraud, waste, or abuse under the False Claims Act, you must file a qui tam complaint in federal court. An experienced federal whistleblower lawyer will be able to draft your qui tam complaint and file it in the appropriate jurisdiction.

3. Making Sure You Include All Required Information in Your Whistleblower Complaint

Regardless of where you need to file your whistleblower complaint, you must be sure to include all required information. These requirements vary between federal agencies, and there are specific substantive requirements for qui tam lawsuits.

An experienced federal whistleblower lawyer will be able to help ensure that your complaint includes all of the information necessary to establish your status as a protected whistleblower. An experienced lawyer will also be able to assist you with preserving any supporting documentation so that it remains available to be used as evidence if the government decides to pursue legal action based on your complaint.

4. Making Sure Your Identity Remains Protected

All federal whistleblower statutes entitle whistleblowers to confidentiality. But, while the federal government will do everything it can to protect your identity, you will play a role in keeping your identity confidential as well. An experienced federal whistleblower lawyer will be able to explain everything you need to know so that you can avoid an inadvertent disclosure.

In some cases, federal whistleblowers must take proactive steps to preserve their confidentiality after filing their complaints. For example, if you file a qui tam lawsuit, your lawsuit will initially be kept “under seal,” but this seal can be broken after 60 days. An experienced lawyer will be able to file motions and take other legal steps as necessary to protect your identity to the fullest extent possible.

5. Working with the Federal Government Effectively During Its Investigation

When you decide to serve as a federal whistleblower, filing your complaint is just the start of the process. You will be expected to play an active role in the government’s investigation, providing additional information (to the extent that you can) upon request.

With an experienced lawyer on your side, you can rely on your lawyer to work with the government on your behalf. Your lawyer will communicate directly with the federal agents and prosecutors handling the government’s investigation, and will advise you and seek your input as necessary.

6. Being Prepared to Provide Additional Information to the Government As Necessary

As a federal whistleblower, knowing when to provide additional information to the government (and knowing what additional information to provide) is critical. This is another key area where an experienced federal whistleblower lawyer will be able to help you make informed decisions.

For federal whistleblowers who are eligible to receive compensation awards, the level of cooperation they provide plays a role in determining the amount of their award. An experienced lawyer will be able to ensure that you have all of the information you need to decide how much cooperation you are willing to provide to the government.

7. Protecting and Asserting Your Legal Rights as a Federal Whistleblower

Finally, an experienced federal whistleblower lawyer will be able to help you protect and assert your legal rights as necessary. This includes taking legal action if your employer retaliates against you illegally, as well as helping you secure your whistleblower award if you are entitled to receive one.

While these are some of the most important ways that an experienced federal whistleblower lawyer can help you, this is far from all we do for our clients at Oberheiden P.C. During your complimentary initial consultation, we will walk you step-by-step through our process for providing comprehensive federal whistleblower representation.

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)

FAQs: Hiring a Federal Whistleblower Attorney