Department of Defense Whistleblower Rewards Attorney
The federal government pays billions of dollars every year to contractors that help the U.S. Department of Defense (DOD) carry out its various missions around the world. These defense contractors provide a number of different goods and services to military personnel, including weapons, aircraft and ships, security, food, supplies, and much more. However, many contractors take advantage of their relationships with the DOD by committing fraud. This behavior cheats the American taxpayer and jeopardizes the lives and safety of those who work to keep the nation safe.
Fortunately, the government has set up a program under the Military Whistleblower Protection Act that allows individuals to confidentially step forward and report this abuse and receive whistleblower protections for protected disclosures. Moreover, the DOD incentivizes these whistleblowers by providing substantial rewards for those whose information leads to successful enforcement actions against those who rip off the government. The whistleblower attorneys of Oberheiden P.C. explain what you need to know.
Understanding the DOD/Defense Contractor Whistleblower Program
Enacted during the Civil War, the False Claims Act is a federal law that holds persons and companies liable for defrauding the government. It applies to various programs and is used by agencies to prevent fraud, waste, and other abuse. The law was originally created to allow the government to take action against those who were overcharging and supplying defective goods to the Union Army; it serves a similar purpose today with respect to the armed forces and DOD programs.
A whistleblower who provides useful information to the government about defense contractor waste and abuse is allowed to claim a portion (between 15% and 30%) of whatever the government recovers. Often, the amount recovered is quite substantial and translates to rewards ranging from hundreds of thousands to millions of dollars. Anyone with valuable evidence of fraud may be able to blow the whistle and claim a reward. These include such individuals and entities as:
- Veterans
- Active military members
- Other military contractors
- Weapons manufacturers
- Military equipment mechanics
- Suppliers
- Engineers
- Cybersecurity professionals
- federal employees
- DOD employees
- Personal services contractors
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)
Examples of Defense Contractor False Claims Act Violations
Any branch of the military is susceptible to dishonest defense contractors who misuse taxpayer money and potentially put the armed forces at risk. These are some examples of defense contractor abuses that violate the False Claims Act and may support a whistleblower reward:
- Making false statements during the bidding process: Some contractors, eager to do business with the DOD, will make fraudulent statements or misrepresentations about their services or products. Not only does this cheat taxpayers, it deprives legitimate businesses of the ability to win contracts.
- Billing fraud: Unethical contractors exploit the sheer size and bureaucracy of the DOD, engaging in billing fraud that they believe will never be exposed. Overbilling, submitting fake invoices, and billing for goods and services that were never rendered are some examples.
- Selling or using substandard products: The lives of military personnel depend upon them having the best equipment made of quality materials and parts. Selling or using defective, broken, dangerous, or otherwise unsafe equipment could form the basis of a whistleblower reward.
- Cross-charging on contracts: This occurs when work is done under one type of contract but charged under another. For instance, a contractor may have a fixed-price contract (which pays a set price, regardless of how much it costs the contractor) and a cost-plus contract (which reimburses contractors for their costs and pays an additional percentage). Moving items from the former to the latter is fraudulent.
- Evading contract requirements to save money: Defense contracts are detailed about the goods and services expected of contractors. Skirting these requirements to save money, for example by ignoring design specifications, is a common practice.
- Failing to inform the government about product deficiencies: Contractors are expected to notify the DOD if they discover product defects and other issues. Turning a blind eye to these problems risks the safety of military personnel and steals from taxpayers.
- Violating environmental and workplace safety standards: Any business can be liable for skirting environmental and workplace safety regulations to maximize their profit, creating substantial and specific danger to public health and safety, and this is no less true for defense contractors. Blowing the whistle on this behavior can save lives, preserve health, and protect the public.
- Violating the Truth in Negotiations Act (TINA): TINA requires defense contractors who are negotiating contracts to submit accurate, truthful, and complete cost and pricing data to the government. These cases often arise with what are known as sole source contracts, in which there is no market price for the goods or services being negotiated.
Why You Should Hire an Attorney
If you have evidence related to the above or other instances of fraud or abuse in the defense sector, you should reach out to an attorney immediately. Only the first individual to report fraud is eligible to collect a cash whistleblower reward. We understand what DOD/defense contractor abuse looks like and what sort of evidence the government will want to see in deciding whether to pursue legal action against the offending party. We also know how to negotiate the maximum reward percentage so you are fairly compensated for coming forward.
You may also want to speak with us about additional protections such as confidentiality rules and laws that prevent retaliation for blowing the whistle under the Whistleblower Protection Enhancement Act. As an example, employers who punish you for blowing the whistle can be ordered to compensate you, and we can assist with this process. There can also be complicated information regarding controlling executive orders, like under the Intelligence Identities Protection Act. This Protects against disclosures that may expose confidential government agents.
It is imperative to have a legal representative of your own, in addition to the whistleblower protection coordinator, that will help protect against whistleblower reprisal or help file whistleblower reprisal complaints when needed. Our objective is to help you understand and exercise your rights as a whistleblower.
Contact Our DOD/Defense Contract Whistleblower Rewards Attorney
Fraud and abuse put servicemen and servicewomen at risk, deprive honest individuals and businesses of government contracts, and rob from American taxpayers. You can put an end to this and potentially collect a significant reward by doing so. To get started, give Oberheiden P.C. a call today, or reach out using our contact form.
