Protecting Your Identity and Rights

Our experienced legal team will work hard to protect your rights and identity. It is important to realize, however, that in certain circumstances your identity may be disclosed.   Here’s what you should know:

While a False Claims Act case is under seal…

The identity of the relator (whistleblower) will be kept confidential and known only to the government and Court for as long as the case is under seal. While the False Claims Act requires a seal to remain in place for at least 60 days, the government will often extend the time under seal in order to properly investigate the case. Although the defendant company will likely become aware that it is under investigation during the seal period, it will not be made aware of the existence of a qui tam case unless the Court lifts the seal.

If the government decides to participate in the case, the seal is lifted and the Complaint is served on the defendants. At this time, the relator’s identity will become public knowledge. If the government declines to participate, the relator must decide whether to continue the litigation alone or to dismiss the claim.

If a claim is pursued without the government…

The complaint will be unsealed and served on the defendant. At this time, the relator’s identity will become publicly available. If the relator decides to dismiss the lawsuit, there are two possible scenarios:

  • The court may keep the claim under seal. The relator’s identity will remain   anonymous, and the defendant would not be made aware of the Complaint.
  • The court may order the Complaint to be unsealed, making it a public document. In this scenario, the Complaint is not required to be served on the defendant, so the relator’s identity may still remain unknown after the seal is lifted.

On occasion, the government may seek a court order partially unsealing the claim in order to negotiate with the defendant. In these cases, the relator’s name can be deleted from documents provided to the defendant.

In Tax Fraud cases…

Kenney & McCafferty attorneys are committed to protecting your identity. You can be sure that any information you provide to us is protected by attorney-client privilege and cannot be disclosed to anyone outside our firm without your approval.

What’s more, the IRS is also committed to protecting your identity under the IRS Whistleblower Program. If you decide to proceed with your claim after our free case evaluation, the IRS will keep any information you provide confidential. For tax fraud cases, civil lawsuits are not required to be filed, so there is no information with the court that must be protected from disclosure.

In SEC and CFTC cases…

The Dodd-Frank Act allows for the anonymous reporting of fraud to both the SEC and CFTC Whistleblower Programs, provided the whistleblower is represented by counsel. Kenney & McCafferty attorneys have the expertise and familiarity with the SEC and CFTC Whistleblower programs to prepare a compelling submission, and vigorously advocate on your behalf, all while protecting your identity.

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