Why Can The Government Decline My Whistleblowing Case And How Do I Prevent That?

A whistleblowing case is created when someone reports illegal or unethical behavior within an organization. For example, a worker may become a whistleblower in their company after witnessing and reporting company fraud. With protection laws in place, whistleblowers can trust that stepping forward with their report and honesty will not put themselves or their loved ones in harm’s way.

Whistleblowing cases can feel overwhelming or confusing. Important information (evidence of law, policy, or regulation violations) must be gathered to prove a company’s illegal or unethical activities. Because of this, it can be challenging to create a credible, solid whistleblowing case that will be accepted by the government. Contact our seasoned attorneys today for more information.

Common Reasons The Government Declines A Whistleblowing Case

Whistleblowing cases can destroy entire companies’ successes or reputations. The government steps in during these cases to protect the whistleblower and conduct complete investigations of the company. Due to the severity of the situation, the government tends to have strict rules regarding accepting whistleblowing cases.

Limited Resources

Due to limited resources (primarily time, money, and trusted attorneys), the government is often reluctant to accept whistleblowing cases unless reasonably confident they will win. Cases with broader public impact and high chances of success will be accepted, while cases with more minor, less likely success may be denied.

The government is less likely to accept a whistleblowing case that does not result in a significant financial loss or impact on the government or the public. Cases with less effect on others or government operations would likely be turned down to save resources for larger, more impactful cases.

The Case Is Considered Too Weak

In addition to being chosen based on resources, whistleblowing cases are primarily evaluated for their strength. Specifically, cases with a higher likelihood of success are also more likely to be accepted, and vice versa.

The case’s credibility is one of the first criteria the government considers. A whistleblower who does not have strong or substantial proof of the allegations has a lower probability of getting their case accepted.

Additionally, the evidence to back up a whistleblowing case can not be pre-existing public information. Whistleblowers are viewed as unreliable if they have a history or motive for creating a whistleblowing case. For instance, if someone is fired from a job, they may be viewed as having a valid motive to create a whistleblowing case that is not credible.

The government’s enforcement authority and legal jurisdiction are regulated so that the government may be blocked from accepting a case that does not align with current whistleblower laws. Two major laws include the False Claims Act (FCA) and the Dodd-Frank Act.

How To Strengthen Your Whistleblowing Case

There are several ways to strengthen your whistleblowing case to increase your likelihood of succeeding and seeking the justice you and the public or government deserve. Some crucial steps to consider when opening a case include but are not limited to:

  • Hire an experienced attorney who is well-versed in whistleblowing cases
  • Review the evidence you have to determine your ability to prove the illegal activity you report happened
  • Continue to document and gather as much evidence as possible that is verifiable and authentic to prove the misconduct occurred
  • Research existing public records to determine if you have credible information that is secretive and illegal or immoral
  • Consider the internal reporting guidelines or processes in place at your company concerning whistleblowing

The government aims to take on whistleblowing cases that are most likely to succeed, so it is crucial to take these steps to ensure your case is credible, researched, and supported by evidence.

Get Help From a Whistleblowing Attorney to Prevent Government Case Rejection

Hiring a skilled lawyer to assist in opening a whistleblowing case will significantly increase your chances of having your case accepted by the government. Attorneys understand the complex requirements and procedures around creating a whistleblowing case.

At Bill Nettles, Attorney At Law, we prioritize our clients’ safety and integrity. If you or someone you know is considering opening a whistleblowing case, contact us today to have a trustworthy firm on your side in an overwhelming situation.

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