Whistleblower Litigation

Federal & State Whistleblower Litigation
Frohsin & Barger is one of only a few law firms in the country highly focused in whistleblower litigation. Under certain federal and state statutes, brave people who expose fraud against the government and the taxpayers may share in the reward, which can be as high as three times the amount of the fraud plus civil penalties.

$22 billion of taxpayer funds have been recovered under the False Claims Act over the past two decades. Frohsin & Barger attorneys have represented whistleblowers in such groundbreaking cases and have also assisted corporations in self-reporting and successfully defending against meritless cases. Frohsin & Barger combines the experience of a seasoned federal prosecutor with former members of a multi-state corporate defense firm, providing the unique and important perspective of understanding both sides of whistleblower litigation—the strategy of the successful plaintiff and defendant.

Frohsin & Barger’s Attorneys are Noted Qui Tam Experts. Our Whistleblower Litigation Team is headed by one of the most often cited legal scholars on qui tam and False Claims Act litigation, whose writing in some cases has actually shaped the law itself. Jim Barger's legal writing on the False Claims Act has been cited by state legislators in adopting qui tam statutes and is specifically cited in the annotations of at least one state False Claims Act. Additionally, Barger's writing is frequently cited in legal treatises, court pleadings, and journals, including Alabama Law Review, Boston University Law Review, Cardozo Law Review, and Columbia Law Review, among others.

Frohsin & Barger Represents Whistleblowers Nationwide. Frohsin & Barger investigates and litigates qui tam actions on behalf of whistleblowers in federal and state actions across the country. Our representation includes evaluating, investigating, and filing qui tam actions as well as assisting prosecutors and investigative agents in pursuing cases and reaching settlements, with a high-percentage of our cases resulting in government intervention. We have sealed cases in multiple states across the country and regularly travel to meet with United States Attorney’s offices, State Attorney General Offices, and United States Department of Justice attorneys in Washington, DC.

Protection for Whistleblowers
Blowing the whistle on corporate fraud takes courage, and the law rewards that courage with certain protections. Frohsin & Barger attorneys understand that perhaps the most important aspect of representing corporate whistleblowers is guiding and protecting them through the difficult, stressful process of litigation. The False Claims Act provides for a whistleblower’s case to be filed under seal and for the identity of the whistleblower to be protected during the course of the government’s investigation. Further, federal laws protect against retaliation by mandating the reinstatement of wrongfully fired employees at the same seniority level, and an award of double back pay, interest, and attorneys’ fees.

Related Firm-Authored Articles about Whistleblower Attorneys

States, Statutes, & Fraud: An Empirical Study of Emerging State False Claims Acts

"Diseased mules, defective muskets, and an iconic President’s frustration led to the passage of the federal False Claims Act in 1863. The statute gave the federal government a way to combat fraud suffered by the Union Army when it received deliveries of defective supplies. Today the federal False Claims Act is used against fraud perpetrated by all sorts of government contractors including health care providers, defense contractors, and oil and gas companies.

Since its passage in 1863, the federal False Claims Act has included a qui tam provision. Qui tam comes from the Latin phrase, “qui tam pro domino rege quam pro se ipso hac parte sequitur,” which means, he “who pursues this action on our Lord the King’s behalf as well as his own.” Private parties who allege and prove fraud against the federal government bring qui tam lawsuits. If successful, these qui tam plaintiffs (known as “relators”) collect a percentage [up to 30%] of the recovery."

-- Jim Barger from the Tulane Law Review article, “States, Statutes, and Fraud: An Empirical Survey of State False Claims Acts”