for protected disclosures has occurred, the Administrator can abate the reprisal by
ordering reinstatement, back pay, and attorneys’ fees. NASA can enforce the
Administrator’s order in Federal district court. A party aggrieved by the
Administrator’s order can seek review in Federal circuit court.
5. Sarbanes-Oxley Act of 2002, P.L. 107-204, § 806 (codified at 18 USC § 1514A).
The Sarbanes-Oxley Act provides protection to employees of publicly traded
corporations for disclosures and testimony and investigative assistance related to
fraud against shareholders, mail fraud, wire fraud, and violations of the U.S.
Securities and Exchange Commission rules. The U.S. Department of Labor
enforces the law, although the OIG can refer cases to them. The significance of
this Sarbanes-Oxley Act is that disclosure to the immediate supervisor is
protected. In contrast, other statutes and case law, such as those that interpret the
WhistleblowerProtectionAct, have held that disclosures to immediate
supervisors, particularly when they are the alleged wrongdoers, are not
whistleblowing disclosures.
6. Sarbanes-Oxley Criminal Provision, 18 USC § 1107. Retaliation Against
Informants.
It is a criminal offense to threaten any employee’s livelihood in retaliation for
providing truthful information to law enforcement in an investigation of a
Federal criminal offense. The provision protects private and public sector
employees from retaliation. The protected disclosures must actually be truthful,
not just have reason to believe they may be truthful. The retaliation must be
knowing and intentional. If convicted of this felony, the sentence can include a
fine and 10 years of imprisonment.
7. Research Misconduct Regulation Implementing Office of Science and
Technology Policy policy. (NASA regulation 14 CFR 1275.104(e), 69 Federal
Register 42102 et seq., effective July 14, 2004).
To the extent permissible by law, the identities of whistleblowers who wish
to remain anonymous will be kept confidential by the OIG.
Rev. 10/27/04
QUI TAM
Qui tam is a whisteblower lawsuit brought by an “informer” or “whistleblower” under a provision of the Federal Civil False Claims Act that allows private citizens to file a lawsuit on behalf of the United States Government alleging fraud, kickbacks, or misuse of government funds. A party who brings a successful whistleblower suit receives as an award, a share in any money recovered. Quit tam cases are brought under the False Claims Act, 31 USC § 3730(h) which protects private sector employees who assist in False Claims Act litigation in the Federal courts. If you have a question refarding the False Claims Act or would like to speak to an attorney regarding whisteblower protection click here for a free case evaluation. There are also other types of whistleblower claims. Their guidenlines differ by type and have been laid out generally below.
Whistleblower Guidelines
The Inspector General Act of 1978, as amended, 5 USC Appendix, § 7. The IG Act of 1978 protects civil service employees who disclose instances of violations of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health and safety. The disclosure must be made to the OIG. Knowingly false reports to the IG, or reports made without regard to their truth or falsity, are not protected.
Whistleblower Protection Act of 1989, 5 USC § 1211 et seq. The Whistleblower Protection Act of 1989 is another provision that protects civil service employees for disclosures relating to violations of law, rules, or regulations; gross mismanagement; gross waste of funds; abuse of authority, or a substantial and specific danger to the public health and safety. Applicants for Federal employment and former Federal employees are protected under this statute. The Office of Special Counsel (OSC) administers the law. The OIG may investigate such matters and refer them to the OSC, or may work these cases jointly with the OSC. The OSC has authority to litigate before the Merit Systems Protection Board to seek a stay of the alleged retaliatory personnel action while its investigation is pending. When the OSC fails to act, the aggrieved employee or applicant may petition for protection directly to the Merit Systems Protection Board.
False Claims Act, 31 USC § 3730(h). The False Claims Act protects private sector employees who assist in False Claims Act litigation in the Federal courts. Reprisals for assisting in OIG investigations of false claims are also protected. The employee must bring suit in Federal District court to seek a remedy. In addition to other employment remedies, the employee may also seek two times back pay owed as well as attorneys’ fees.
Federal Acquisition Streamlining Act (FASA), § 6005, amending 10 USC § 2409. FASA protects private sector employees of NASA prime contractors if the disclosure is made to the Department of Justice, Congress, or to the OIG and if the disclosure concerns a substantial violation of law pertaining to a contract, including its competition or negotiation. The statute does not, however, protect employees of NASA subcontractors. The disclosure must also relate to a substantial violation of law pertaining to a NASA prime contract or its formation. Employees who believe they are aggrieved may file a signed, written complaint with the OIG. Unless the complaint is frivolous, under the law the OIG must investigate and submit a report to the employee, the employer, and the NASA Administrator. The employer and employee can comment on the report, and the Administrator can request further fact finding. If the Administrator finds reprisal for protected disclosures has occurred, the Administrator can abate the reprisal by ordering reinstatement, back pay, and attorneys’ fees. NASA can enforce the Administrator’s order in Federal district court. A party aggrieved by the Administrator’s order can seek review in Federal circuit court.
5. Sarbanes-Oxley Act of 2002, P.L. 107-204, § 806 (codified at 18 USC § 1514A). The Sarbanes-Oxley Act provides protection to employees of publicly traded corporations for disclosures and testimony and investigative assistance related to fraud against shareholders, mail fraud, wire fraud, and violations of the U.S. Securities and Exchange Commission rules. The U.S. Department of Labor enforces the law, although the OIG can refer cases to them. The significance of this Sarbanes-Oxley Act is that disclosure to the immediate supervisor is protected. In contrast, other statutes and case law, such as those that interpret the Whistleblower Protection Act, have held that disclosures to immediate supervisors, particularly when they are the alleged wrongdoers, are not whistleblowing disclosures.
Sarbanes-Oxley Criminal Provision, 18 USC § 1107. Retaliation Against Informants. It is a criminal offense to threaten any employee’s livelihood in retaliation for providing truthful information to law enforcement in an investigation of a Federal criminal offense. The provision protects private and public sector employees from retaliation. The protected disclosures must actually be truthful, not just have reason to believe they may be truthful. The retaliation must be knowing and intentional. If convicted of this felony, the sentence can include a fine and 10 years of imprisonment.
Research Misconduct Regulation Implementing Office of Science and Technology Policy policy. (NASA regulation 14 CFR 1275.104(e), 69 Federal Register 42102 et seq., effective July 14, 2004).To the extent permissible by law, the identities of whistleblowers who wish to remain anonymous will be kept confidential by the OIG.
If you have a question refarding the False Claims Act or other whistle blower claim please fill out the form below for a free case evaluation.
Free Qui Tam Consultation
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