Maryland Whistleblower Lawyers

Reporting fraud, waste, and illegal activity serves the public interest, but whistleblowers often face serious professional and personal consequences for doing what is right. If you have evidence of fraud against the government, violations of securities or tax laws, or workplace retaliation for reporting illegal conduct, experienced legal representation is essential to protect your rights and pursue available remedies. 

At Oberheiden, P.C., our Maryland whistleblower lawyers provide skilled advocacy for individuals who expose wrongdoing and seek justice under federal and state whistleblower protection laws. Contact our firm today for a confidential consultation about your whistleblower case.

Federal Whistleblower Programs and Protections

Multiple federal statutes create avenues for whistleblowers to report fraud and illegal conduct while providing financial incentives and protection from retaliation.

Qui Tam Actions Under the False Claims Act 

The False Claims Act is the federal government’s primary weapon against fraud. The statute imposes liability on individuals and companies that knowingly submit false claims for payment to the government, make false statements to avoid paying obligations to the government, or conspire to defraud government programs.

The qui tam provisions allow private citizens with knowledge of fraud to file lawsuits in federal court on behalf of the United States government. These lawsuits remain sealed while the Department of Justice investigates the allegations and decides whether to intervene and prosecute the case. Whistleblowers who bring successful qui tam actions receive between 15 and 30 percent of recovered funds, with the percentage depending on the government’s level of involvement and the whistleblower’s contribution to the case.

Maryland’s proximity to Washington, D.C., and its significant federal contractor presence, military installations, and healthcare facilities create numerous opportunities for False Claims Act cases. Common fraud schemes in Maryland include:

• Healthcare billing fraud involving Medicare and Medicaid programs
• Defense contractor fraud at facilities like Aberdeen Proving Ground and Fort Meade
• Cybersecurity fraud involving government technology contracts
• Small business contracting fraud misrepresenting company size or ownership
• Research grant fraud at universities and research institutions
• Federal construction fraud involving misrepresented materials or labor

There are also powerful anti-retaliation provisions in The False Claims Act that protect employees, contractors, and agents from discharge, demotion, harassment, or other discrimination because of their qui tam activity. Victims of retaliation may recover reinstatement, twice the amount of back pay with interest, special damages, and litigation costs, including attorney fees.

Other Federal Whistleblower Reward Programs

Beyond the False Claims Act, several federal agencies administer whistleblower programs that provide financial awards for information leading to successful enforcement actions.

The Securities and Exchange Commission’s whistleblower program, established under the Dodd-Frank Act, rewards individuals who provide original information about securities law violations that lead to enforcement actions with monetary sanctions exceeding $1 million. Awards range from 10 to 30 percent of collected funds. The program covers insider trading, accounting fraud, market manipulation, and bribery under the Foreign Corrupt Practices Act.

The Commodity Futures Trading Commission operates a similar program for whistleblowers reporting violations of commodities and derivatives laws, offering awards of 10 to 30 percent of monetary sanctions collected in successful enforcement actions exceeding $1 million.

The Internal Revenue Service whistleblower program compensates individuals who report substantial tax fraud and underpayments. For cases involving more than $2 million in dispute, whistleblowers may receive 15 to 30 percent of collected proceeds. The program addresses tax evasion, fraudulent returns, abusive tax shelters, and unreported offshore accounts.

Employment Protection Statutes

Numerous federal statutes protect employees who report specific types of illegal conduct. The Occupational Safety and Health Act protects workers who report workplace safety violations. Environmental whistleblowers receive protection under the Clean Air Act, Clean Water Act, and Safe Drinking Water Act. The Sarbanes-Oxley Act protects employees of publicly traded companies who report securities fraud or violations of SEC rules.

Maryland State Whistleblower Protection Laws

Maryland also has robust state-level protections for whistleblowers through statutes addressing both public and private sector employees.

Maryland Whistleblower Law for Private Employees

Maryland whistleblower law protects private sector employees who report wrongdoing or refuse to participate in illegal activities. The statute prohibits employers from taking retaliatory action against employees who disclose or threaten to disclose activities, policies, or practices that the employee reasonably believes violate state or federal law, regulation, or rule, or constitute a danger to public health or safety.

Protected activity under state law includes both internal reports to supervisors and external reports to appropriate government agencies. Employees do not need to be correct in their assessment that a violation occurred, but they must have a reasonable belief based on available information that a violation exists.

Employers who violate the Maryland whistleblower law face civil liability. Employees may file suit in Maryland circuit court and recover injunctive relief, including reinstatement to their former position, compensation for lost wages, benefits, and other remuneration, and reasonable attorney fees and litigation costs. Employees must file suit within two years of the retaliatory action.

Whistleblower Protections for State Employees

Maryland law provides separate protections for state government employees through Maryland Code, State Personnel and Pensions Section 5-301 et seq. This statute protects state employees from retaliation when they report waste or improper activities by state agencies to designated officials or testify in investigations or proceedings concerning government waste or improper activities.

Protected disclosures include: 

• Waste of government funds
• Gross mismanagement
• Abuse of authority
• Substantial danger to public health or safety
• Violations of state or federal law

State employees may report to their supervisors, agency heads, the Office of Legislative Audits, the State Prosecutor, or members of the General Assembly.

State employees who experience retaliation may file complaints with the State Personnel Management System within 60 days. Available remedies include reinstatement, back pay, restoration of benefits, and attorney fees.

Types of Fraud We Handle

Our Maryland whistleblower practice addresses fraud across numerous industries and sectors where illegal conduct occurs.

Healthcare Fraud 

This is the largest category of False Claims Act cases nationwide and in Maryland. We handle cases involving hospitals, nursing homes, pharmaceutical companies, and medical practices. Common schemes include upcoding services, billing for services never provided, performing medically unnecessary procedures, kickback arrangements violating the Anti-Kickback Statute, Stark Law violations, and off-label pharmaceutical marketing.

Government Contractor Fraud 

This fraud arises frequently, given Maryland’s proximity to Washington, D.C., and significant federal presence. We represent whistleblowers reporting: 

• Cybersecurity fraud
• Information technology fraud
• Construction fraud
• Small business contracting fraud
• Defense contractor fraud, particularly at major federal installations, including Fort Meade and Aberdeen Proving Ground.

Grant and Research Fraud 

This involves Maryland’s numerous universities and research institutions that receive substantial federal grant funding. We handle cases involving false statements in grant applications, misuse of grant funds, falsification of research data, and time and effort reporting fraud.

Protecting Yourself From Retaliation

Whistleblowers frequently face retaliation from employers seeking to silence fraud reports or punish employees for speaking out. Retaliation can include termination, demotion, pay reduction, hostile work environment, negative performance evaluations, assignment to undesirable shifts, and exclusion from training opportunities, among other adverse action.

Federal and Maryland law prohibit whistleblower retaliation and provide remedies for employees who suffer adverse actions because of protected activity. Successful retaliation claims require establishing that you engaged in protected whistleblowing activity, your employer took an adverse employment action, and a causal connection exists between your protected activity and the adverse action.

Document everything related to your whistleblowing and any subsequent treatment changes. Save emails, text messages, performance reviews, and witness statements that support your claim. Our firm handles retaliation claims alongside qui tam matters, ensuring comprehensive protection throughout the process.

Why Choose Our Firm

Choosing experienced whistleblower counsel significantly impacts the outcome of your case and the protection of your rights throughout the process. Our firm has successfully represented whistleblowers in qui tam litigation, SEC and IRS whistleblower matters, and retaliation cases under both federal and Maryland state law.

We recognize that coming forward as a whistleblower requires tremendous courage, and we provide the personalized attention and aggressive representation you need to protect your interests. From your initial consultation through investigation, filing, litigation, and resolution, we guide you through each stage of the whistleblower process.

We handle qui tam cases on a contingency basis, meaning you pay no attorney fees unless we recover compensation. We also maintain strict confidentiality, understanding that discretion often proves critical to your case and your career.

Time Limits and the First-to-File Rule

Timing considerations significantly impact whistleblower cases. The False Claims Act contains a first-to-file rule preventing multiple qui tam cases based on the same fraud. Only the first whistleblower to file may pursue the case, making prompt action essential when you have evidence of fraud.

The statute of limitations for False Claims Act cases generally runs six years from the violation or three years from when the government knew or should have known about the violation. Other whistleblower programs impose their own timing requirements. Retaliation claims under Maryland law must be filed within two years.

Contact Our Maryland Whistleblower Attorneys

If you have information about fraud against the government, securities violations, tax fraud, or other illegal conduct, or if you have experienced retaliation for reporting wrongdoing, contact our Maryland whistleblower lawyers for a confidential consultation. Our firm represents whistleblowers throughout Maryland and across the nation in federal whistleblower matters. 

Contact us today to schedule your confidential consultation with dedicated whistleblower attorneys who will fight to protect your interests and secure the justice you deserve.

Further Information About Our Whistleblower Lawyer Services

• Whistleblower Lawyers