Can a Whistleblower Remain Anonymous?
Maintaining anonymity as a whistleblower can protect you from likely retaliation due to exposing wrongdoing. Remaining anonymous as a whistleblower is not always easy, but the attorneys at Cutter Law know how to protect your identity to the fullest extent and provide the support you need throughout the process.
Whistleblowers risk life-altering consequences for their decision to do the right thing. It is not unusual for whistleblowers to experience job loss, blacklisting, and damage to their reputations. Remaining anonymous can insulate whistleblowers from these circumstances.Â
Maintaining anonymity as a whistleblower is not always straightforward. The California whistleblower attorneys at Cutter Law are committed to protecting whistleblowers’ rights, including helping them remain anonymous when possible.
Quick Links
- Can I remain anonymous in a qui tam Lawsuit?
- Anonymity vs. Confidentiality
- Can I still receive an award if I remain anonymous?
- What can I do if my identity is revealed?
- When should I contact a whistleblower attorney?
- How can Cutter Law help with my anonymous whistleblower claim?
- Why should I trust the whistleblower attorneys at Cutter Law with my anonymous whistleblower case?
Can I remain anonymous in a qui tam lawsuit?
A qui tam lawsuit is typically a public proceeding initiated by a whistleblower on behalf of the government. The whistleblower, also known as a relator, has limited options for remaining anonymous, which vary in each state and federal court.
Federal Qui Tam Lawsuits
A federal qui tam lawsuit remains under seal for the first 60 days while the United States Department of Justice investigates the case. If the investigation exceeds 60 days, the government can seek an extension, which allows the case to stay sealed for a longer period.Â
You can remain anonymous during this initial period. After the Department of Justice completes its investigation, the case is unsealed and the identity of the relator is made public.
The federal government has determined that opening civil trials to the public protects the public interest by allowing defendants and the public to examine the evidence and ensure no conflict of interest exists.
However, you have the right as a relator to petition the court to protect your anonymity. To prevail, according to federal court precedent, you must prove that exceptional circumstances have given rise to a reasonable fear that revealing your identity would expose you to severe harm.
California Qui Tam Lawsuits
The California False Claims Act does not include a provision for anonymity. However, the state courts have recognized how easily privacy rights can be violated over the internet and have, as a result, allowed plaintiffs to file cases using pseudonyms. This was affirmed in Starbucks Corp. versus Superior Court.Â
If you do not wish to bring a lawsuit and risk revealing your identity, the California False Claims Act allows you to file an anonymous complaint directly to the Public Inquiry Unit of the California Attorney General instead of filing a qui tam lawsuit.
Anonymity vs. Confidentiality
Multiple government agencies accept whistleblower complaints on the state and federal levels. Some of these agencies accept anonymous complaints, while others require you to reveal your identity. However, many of these agencies will protect your identity.Â
The primary disadvantage of this is that your identity may be revealed if the agency deems it necessary in its pursuit of the case.
Agencies That Do Not Accept Anonymous Whistleblower Reports
The IRS does not accept anonymous whistleblower claims but protects the identity of whistleblowers. Your identity could become known if your testimony is needed.
Reports to the Office of the Inspector General may be kept confidential upon request. However, your identity may be divulged if it becomes necessary in the course of the investigation or prosecution of the case.Â
The whistleblower attorneys at Cutter Law understand how important it is to maintain your anonymity. When filing a whistleblower claim with these agencies, our attorneys can build a strong case against your employer and prevent the need for these agencies to reveal your identity.
Agencies That Accept Anonymous Whistleblower Claims
The United States Securities and Exchange Commission (SEC) accepts anonymous complaints on the condition that the whistleblower hires an attorney to file the whistleblower claim and represent you throughout the investigation.Â
The Commodity Futures Trading Commission (CFTC) allows anonymous reporting without an attorney but recommends providing some form of contact to allow for continued cooperation. A CFTC whistleblower attorney can provide the necessary point of contact to ensure your identity remains anonymous.Â
The California State auditor accepts whistleblower complaints for abuse of state resources. The State auditor may request your name and contact information but is prohibited from requiring it by state law.
Can I still receive an award if I remain anonymous?
In some cases, you can receive financial compensation for your whistleblower claim even if you remain anonymous.Â
The CFTC offers an award to anonymous whistleblowers as long as they provide some method of contact and cooperate with the investigation until its completion.
The SEC offers awards to anonymous whistleblowers who are represented by an attorney.Â
Agencies like the IRS that require your identity but maintain its confidentiality also offer a reward, even when your identity is not revealed. The IRS will continue to protect your identity even after you receive your award.
If your case qualifies for a qui tam lawsuit under the state or federal False Claims Act, the only way to receive an award is through a qui tam lawsuit. If you file an anonymous complaint under the False Claims Act through a government agency or attorney general, the government is not required to provide an award.
The experienced whistleblower attorneys at Cutter Law can help you determine the safest options for filing your complaint that protects your identity without sacrificing your award.
What can I do if my identity is revealed?
Despite taking every precaution, in some cases, your identity may become known. When this occurs, you are entitled to protection under state and federal whistleblower protection laws.
These laws make it illegal for an employer to retaliate against you. If the employer does retaliate, you have grounds to pursue significant compensation in a civil lawsuit.Â
In California, employers can also face criminal penalties for retaliation. If your employer has taken adverse employment action against you after you blew the whistle, you must contact a whistleblower protection attorney as soon as possible.Â
A competent whistleblower attorney can often get an injunction to stop the adverse action. Additionally, state and federal laws limit the time you have to file a retaliation lawsuit.
When should I contact a whistleblower attorney?
If you need to blow the whistle on an employer, contact a reputable whistleblower attorney before you take action. Our whistleblower attorneys at Cutter Law will meet with you confidentially and take steps to protect your identity from day one.
How can Cutter Law help with my anonymous whistleblower claim?
We will evaluate your evidence and determine whether you have a strong case. If proof is lacking, we can advise you of the necessary additional information and how to obtain it. We may even be able to obtain some evidence for you.Â
We will advise you of your options and devise the safest course of action. When complete anonymity is an option, we will help you file an anonymous complaint. If you need to file a qui tam lawsuit, we can pursue the option to file under a pseudonym or keep the proceedings sealed.
In cases when your identity is revealed, we will enforce retaliation laws on your behalf and ensure you are justly compensated for any retaliation or harm that results from blowing the whistle.Â
Whistleblowers often find themselves in a position where they no longer know who to trust. They feel alone in a world that seems to have changed overnight. Our attorneys provide whistleblowers with a reliable, trusted confidante.
Why should I trust the whistleblower attorneys at Cutter Law with my anonymous whistleblower case?
Whistleblower attorneys at Cutter Law appreciate the courage it takes to blow the whistle on an employer who is cheating the public. We have seen firsthand the difficulties whistleblowers face after doing the right thing.Â
As a result, we are committed to standing by our whistleblower clients and taking whatever measures are necessary to protect their identities and their interests.Â
Through our approach, whistleblowers have been able to restore their lives and recover significant compensation for their trouble, including a share of the following:
- $23.5 million settlement in a qui tam case against Medtronic Inc., a large medical device manufacturerÂ
- $4.7 million settlement in a qui tam fraud claim against Biotronik Inc.
- $12.95 million settlement against Biotrinik Inc. for paying kickbacks to physicians and defrauding the government at state and federal levels
If you have discovered an employer’s wrongdoing, you do not have to bear the burden alone. When you contact a whistleblower lawyer at Cutter Law, we will schedule a free, no-obligation, and completely confidential consultation with you to discuss your options.
If you choose to proceed, we will vigorously advocate for you, protect your identity to the fullest extent, and stand by you through every step of the process. You have nothing to lose by speaking with a whistleblower lawyer at Cutter Law. Contact us today to schedule your free consultation.
Testimonials
Schedule A Free Case Review
Our Office Locations
Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
Oakland Office
Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
Related Pages
