Whistleblower (Qui Tam) Defense

Our Federal Attorneys Provide Vigorous Representation for Corporate Clients in Defense of Whistleblower (Qui Tam) Claims

While federal whistleblower statutes serve an important role in our society, they also present extreme risks for corporations and other businesses. Not only do these statutes make it extraordinarily easy for individuals (who are often disgruntled former employees) to file damaging claims, but they also require federal authorities to investigate when the basic requirements for pleading a whistleblower claim have been met. This, coupled with the financial incentive provided to whistleblowers (or “relators”), means that companies in all industries are at high-risk for qui tam litigation, and those that fail to defend themselves effectively can face substantial federal penalties and reputational harm.

In today’s world, brushing off a whistleblower claim is simply not an option. Not only will relators (and their plaintiff’s attorneys) and federal prosecutors vigorously pursue damages and relator compensation, but in many cases companies will face follow-on retaliation claims as well. As a result, companies facing whistleblower claims need to take swift and proactive measures to protect themselves, and they must also prepare themselves for the possibility of protracted federal and administrative litigation.

At Oberheiden, P.C., we bring centuries of federal experience to defending clients in whistleblower litigation. This includes all stages of the qui tam process – from government investigation and intervention through trial – as well as retaliation litigation and related civil claims. If your company is being targeted in a whistleblower lawsuit, there are steps you need to take immediately. To speak with a member of our federal defense team in confidence, call 888-519-4897 now. 

Why to Choose Oberheiden, P.C. for Federal Whistleblower (Qui Tam) Defense

Whistleblower litigation is unique in a number of key respects. Most fundamentally, it involves a lawsuit filed by a private citizen on behalf of the federal government. The government relies on whistleblowers to share information that it would not be able to discover otherwise, and it compensates them handsomely for their efforts: Under the False Claims Act, for example, relators can receive anywhere from 15% to 30% percent of the amount the government recovers in the litigation. Depending on the scope and nature of the allegations involved, this can potentially be millions of dollars.

Whistleblower cases are also unique in that they involve direct interaction with the U.S. Department of Justice (DOJ). The DOJ has a legal obligation to investigate all facially-compliant whistleblower complaints; and, if it decides to “intervene” in the case, the DOJ will prosecute the case directly. For companies that are used to facing civil litigation involving private counterparties, going up against the vast resources of the DOJ is a different experience entirely.

At Oberheiden, P.C., our practice is devoted to federal defense, and we have successfully represented companies across the country in qui tam litigation. In addition, several of our defense lawyers formerly served as prosecutors and trial attorneys with the DOJ. As a result, we are able to offer our clients an in-depth perspective on whistleblower claims, and we are able to efficiently build defense strategies that are tailored specifically to the DOJ’s approach to investigation, intervention, and prosecution.

This is Why You Are in Good Hands

Nick has been there since the beginning. Throughout this experience he has had made me feel like my case is his most important. He excels in his area of law and I would not hesitate to recommend him to anyone that needs assistance. I am honored to have had him help me through this period.
j A.
j A.
Quick response, very knowledgeable, passionate, with a caring team with real experiencewith the same federal agencies that I was corresponding with (Roger Bach!) thus making all the legal concerns understandable. I would recommend to any other health care professional or would use Nick Oberheiden again if ever needed.... Thank you!read more
Shaunna R.
Shaunna R.
I am compelled to recommend Nick Oberheiden after dealing with many blood thirsty attorneys. Nick was extremely responsive, knowledgeable, and trustworthy. His expertise and relationships in the realm of federal healthcare is great. I wish I would have called him sooner. If you are facing a federal investigation... or suit, make Nick the first call you make. He really cares and is looking out for his clients best interest. His expertise has allowed my situation that seemed so daunting to be very manageable.read more
Lisa K.
Lisa K.
I found myself in an unfortunate situation with the federal government. I hired Nick Oberheiden as my attorney and it has been a life saving decision. His expertise and knowledge along with his commitment is superior and of utmost importance in federal cases. Nick has kept his word throughout this stressful process... and helped me receive the best possible outcome. You will not regret hiring Nick and his law firm to defend you!!!read more
Amir K.
Amir K.
Over the past decade I have plenty of experience with health care and federal attorneys. The one that has stood by far above and beyond the most intelligent, thoughtful, straight-forward, and strategic in defense and actions has been Nick Oberheiden. Nick has achieved results that others claim they could not. He has... taken on circumstances that felt as if not winnable, and worked to create a positive outcome. Nick has become a rock and support person through my troubling time and a beacon of hope and action that things will come out in the best possible manner. There is no attorney that I could support more then Dr. Oberheiden.read more
Matt H.
Matt H.
Dr Nick Oberheiden is a truly excellent attorney in every way! He’s knowledgeable and responds to all phone calls and emails swiftly. He is concise, and puts information in understandable terms. He is happy to explain and clarify any confusing matters or material. He will put your mind at ease immediately. For me,... it was like a superhero was protecting and helping me through what was one of the most stressful situations of my professional life! Nick is worth every single bit of the five star rating from me, and from other clients who have given him five star reviews as well!read more
Katherine R.
Katherine R.
We needed legal service and advise, Nick Oberheiden made a bad situation better. Prompt service, responded to email , and phone calls, addressed the problem professionally and on time. Would highly recomend them.
John P.
John P.
I have conferred and worked with Nick on several healthcare fraud defense cases, representing doctors, laboratory/pharmacy owners, durable medical equipment providers and marketing companies all investigated by the U.S. Department of Justice. Nick's level of expertise when it comes to the intricacies of medicare... billing, operational regulations and corporate structure is unmatched. His experience and knowledge, combined with his high-level contacts within the Department of Justice, nationwide, make him an invaluable resource to anyone who finds themselves being investigated or audited by the Government. Nick is easy to communicate with, and goes above and beyond to make himself available to his clients and colleagues in their time of need.read more
Joseph N.
Joseph N.
From the moment we walked into Nick’s office, he made us feel safe and secure. Nick exemplifies kindness and compassion for his clients, qualities that I have found rare with attorneys. Nicks passion and expertise in Healthcare and Law are unrivaled.I strongly encourage and recommend others to use Nick.... Professionally, Nick is a Genius!read more
Shawn C.
Shawn C.
As a former supervising investigator with a large New York State agency investigating health care fraud, I have conferred with many defense attorneys over my thirty-year career. I can honestly say that I was not impressed with many of them, that is, until I met Dr. Nick Oberheiden. Not only is he an exceptional... attorney, who provides his clients with expert strategic legal guidance, he is highly regarded for his extraordinary character and integrity. Nick is extremely ethical and always has his clients' best interests at heart. Today, I am proud, honored and privileged to work with Nick in assisting him with his clients' needs, whether it is to determine if they have any criminal liability or to proactively establish a compliance program to prevent them from falling victim to any government audit/investigation. Nick works very efficiently - saving his clients time and money. So, if you are looking for an attorney to represent you or to offer you expert guidance, don't hesitate and contact Dr. Nick Oberheiden. You'll be glad you did!read more
Greg M.
Greg M.
I was a federal agent for over 30 years and have worked with many of the most successful DOJ and DoD attorneys. Dr. Oberheiden leads a team made up of the best former Federal, State, local attorneys and investigators that can quickly assess any type of federal legal matter. The collective knowledge and experience of... Dr. Oberheiden and his "Dream Team" have yielded successful outcomes in a significant number of federal legal matters which have benefited his clients time and time again! He and his team are determined to work each case to anticipate a prosecutor's case strategy and identity weaknesses in that strategy. Dr. Oberheiden is a relentless legal strategist that has earned him his favorable reputation among the legal community nationwide! If you want a reliable and results-oriented lawyer working for you, Oberheiden P.C. has my highest recommendation and confidence!read more
MICHAEL K.
MICHAEL K.
During the past year, i had the privilege to work alongside Dr. Nick Oberheiden as a team-member defending the owners of a specialty pharmacy being investigated by the HHS-OIG and the USDOJ. Thanks to Nick's leadership, knowledge and expertise, "Team Oberheiden" earned the pharmacy and its owners exoneration from... criminal and civil penalties. Case closed!read more
bill T.
bill T.
Excellent lawyer! I have been very happy with his legal services and highly recommend Dr. Nick Oberheiden.
Jakob S.
Jakob S.
Nick was extremely professional, polite, helpful, and friendly. He put my friend at ease and made us feel welcome to be with her. He answered our questions even though we were just there for support. Would definitely recommend him to anyone and would use myself if ever needed.
Jamie G
Jamie G
Nick is not smart, he is BRILLIANT! He knows the proceedings of the court extremely well and is a genius when working with prosecutors and judges!He is extremely hard working, and although I knew he was working on multiple cases, every time we dealt with mine, he made me feel that my case is the most important to... him. I will most certainly not be where I am, had it not been for Nick. I had worked with a couple of lawyers before Nick came so highly recommended to me, and I can tell you that he simply light years above them. Nick bats for the big leagues!!read more
Lorraine Emma De B.
Lorraine Emma De B.
I am a retired FBI Special Agent, who worked extensively with many attorneys. I find Dr. Oberheiden ti be very knowledgeable of the healthcare issues. He has a vast knowledge of all federal violations. He is very conscientious about the benefits of his clients. I saw him working around the continent of North America... to assist his clients. One of the great traits of the Oberheiden Law Firm, is that he tackles the allegations long before they reach the court stage. His capable staff is also very qualified and assist all clients as if they are the only client in their firm. I strongly recommend the Oberheiden Law Firm to anyone who has a federal case.read more
Gamal A.
Gamal A.
Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients.... Thank you very much.read more
Anna P.
Anna P.
Nick is the absolute top expert in any federal case
Jeff C.
Jeff C.
Smart. Smarter. Nick.As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in... action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant M.
Whitney Bryant M.
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
Pamela M.
Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues,... accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban M.
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and... long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan C.
Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and... expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Scarlett L.
Scarlett L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline S.
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed O.
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL... supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance.Dr. S.T.read more
RAFT C.
RAFT C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris A.
Chris A.

When you choose Oberheiden, P.C. to represent your company in federal whistleblower litigation:

  • We will quickly assess the source, nature, and scope of the allegations against your company. When facing a whistleblower lawsuit, your first order of business needs to be to assess the validity of the relator’s allegations. This means working diligently to identify the source, nature, and scope of the allegations underlying the relator’s complaint. With our attorneys’ extensive experience in federal litigation, counseling, and compliance matters, we can work with you to obtain a clear picture of the relator’s (and potentially the government’s) case against you.
  • We will immediately begin working directly with the DOJ. From the time you engage us, we will begin working immediately with the DOJ on your behalf. We will begin raising questions about the veracity of the relator’s allegations, and we will begin executing a defense strategy designed to quickly put the matter to rest.
  • We will work aggressively to convince the DOJ not to intervene. In qui tam litigation, the DOJ’s decision to intervene is a critical stage in the process. While relators can pursue their claims independently if the DOJ chooses not to intervene, they will usually face an uphill battle in doing so.
  • If necessary, we will tailor our representation to obtaining a favorable pre-trial resolution or a positive result at trial. If it is not possible to prevent DOJ intervention (or if the relator chooses to pursue his or her claim independently), we will shift our focus to obtaining a favorable resolution either prior to or during trial. While this may mean negotiating a settlement, it could also still mean convincing the relator’s attorney, the DOJ, or the judge that no judgment is warranted.
  • We will keep you informed and work closely with you every step of the way. Our senior attorneys will remain in close contact with you throughout the duration of your case. We will keep you informed, answer your questions, listen to your suggestions, and make sure you are confident in the direction of your defense.

More about Our Federal Whistleblower Defense Practice

Cases We Handle

  • Healthcare Fraud (Medicare, Medicaid, Tricare, and Department of Labor (DOL) Fraud)
  • Affordable Care Act (ACA) Violations
  • Patient Data Privacy and Protection Violations (including Health Insurance Portability and Accountability Act (HIPAA) Violations)
  • Occupational Safety and Health Act (OSHA) Violations
  • Securities Fraud Under the Sarbanes-Oxley Act (SOX)
  • Environmental Law Violations
  • Consumer Protection Law Violations
  • Other Federal Offenses and Regulatory Violations

Are you accused of a federal crime?

Don’t delay. Learn about your rights.

Call Dr. Nick Oberheiden now!

(310) 873-8140

Available nights and weekends

Strategic Defense at All Stages of Federal Whistleblower Litigation

There are several stages involved in the qui tam litigation process; and, when facing a whistleblower claim, it is essential to tailor your defense to each individual stage. In our practice, our attorneys work as a team to pursue favorable outcomes at each stage in light of the unique legal, factual, and procedural aspects involved:

cases

1. The Whistleblower Complaint

Upon being served with a whistleblower complaint, the target company’s work begins immediately. There are deadlines that apply, and getting out in front of the government’s investigation can be critical to framing the complaint in a favorable way. Whistleblower complaints often contain sweeping allegations and generalizations that belie the truth of the matter at hand, and targeted organizations must work swiftly to prevent false allegations and mischaracterizations from getting out of hand.

2. The Government Investigation

Assuming the relator has met the basic pleading requirements to initiate a qui tam lawsuit, the government will investigate the allegations set forth in the complaint. Taking an aggressive stance during the investigative process and proactively challenging the relator’s reliability and assumptions are key to convincing federal prosecutors that intervention is unwarranted. At this stage, targeted companies can dispute the veracity of the relator’s allegations by all available means – from attacking the relator’s motives to casting doubt on the government’s ability to prove the allegations in court.

3. The Government’s Decision on Intervention

Based on the evidence obtained during its investigation, the government will choose to either intervene in the case (in which federal prosecutors will pursue the case directly) or decline further involvement. Preventing government intervention is a major success, as relators have a much more difficult time pursuing whistleblower claims independently. In fact, in many cases the evidence (or lack thereof) will be such that the relator will not move forward with the case if the government declines to intervene.

4. Pre-Trial Practice and Settlement Negotiations

If the government decides to intervene, it will often – though not always – be in the target company’s best interests to negotiate a pre-trial resolution. In federal whistleblower cases, settlement is an option similar to private civil litigation. However, if the government’s decision is misguided, or if there are constitutional or other defenses available that call the government’s ability to win a verdict into question, then it may be in the target company’s best interests to fight for a pre-trial dismissal of charges or take the case to court.

5. Federal Trial and Appeal

When we take federal whistleblower cases to trial, we continue our team approach and utilize our senior attorneys’ varied backgrounds and skillsets to present strong cases for dismissal. The trial process for qui tam actions is similar to the trial process for other types of claims, and our attorneys call upon their experience in more than 500 federal trials to strategically defend our clients.

Your Whistleblower Defense Team

Potential Defense Strategies in Federal Qui Tam Litigation

While the complexity of federal qui tam litigation presents some unique challenges, it also means that companies targeted in whistleblower complaints have a variety of potential types of defenses available. When you engage our firm to represent you, we will assess all available defense options and build a comprehensive and cohesive defense strategy that is designed to protect your company to the greatest extent possible. Some of the types of defenses available in qui tam litigation include:

  • Procedural Deficiencies – Whistleblower complaints must comply with all applicable provisions of the Federal Rules of Civil Procedure (FRCP). Exposing procedural and technical deficiencies in relators’ can allow companies to fend off claims before the government initiates its investigation in some cases.
  • Failure to File a Disclosure Statement – In addition to the initial complaint, the relator must also file a disclosure statement with the DOJ. This statement must include, “substantially all material evidence and information the [relator] possesses.” Failure to file a complete and accurate disclosure statement can provide grounds for dismissal of a whistleblower complaint.
  • Inadequate Evidence – As in all cases, in qui tam litigation, the government (or the relator) has the burden of proof. If there is not sufficient evidence to prove a statutory or regulatory violation, then no penalties are warranted.
  • Safe Harbors and Other Statutory Defenses – In many cases, conduct that appears to be unlawful will be protected under a safe harbor, exemption, or other statutory exception. We have successfully defended numerous clients by proving that their actions fell within a statutory safe harbor or exception.
  • Constitutional Protections – From the prohibition on unreasonable searches and seizures to the protection against double jeopardy, the protections afforded by the U.S. Constitution will provide essential defenses in many cases.

Schedule a Confidential Case Assessment at Oberheiden, P.C. – Whistleblower Defense Lawyers

If your company is facing a federal whistleblower complaint, we encourage you to contact us promptly for a free initial case assessment. To speak with senior attorneys on our federal defense team in confidence, call 888-519-4897 or inquire online now.

If you are under
investigation
you should contact us today

Contact the Experienced Attorneys of Oberheiden, P.C. Now for a Confidential Consultation

Contact Us Now