The individuals with the most detailed knowledge of fraud, will likely have participated to some to degree in the scheme (knowingly or unknowingly). For example, a member of a physician’s billing staff may have submitted Medicare claims knowing that the claims included false information to increase the reimbursement rates. In those situations, individuals often reasonably wonder whether coming forward will create personal liability or limit their ability to share in the recovery.
The False Claims Act does empower Courts to limit the potential recovery for those who planned and initiated the fraud. And the mastermind of a fraudulent scheme may have some legitimate concerns about personal liability. But involvement in a fraudulent scheme at a lower level would neither limit the whistleblower’s ability to recover nor likely lead to liability. In all cases, these are issues best discussed in private consultation with your attorney. And if you find yourself in this position, having participated in a fraudulent scheme, you should speak to an experienced False Claims Act attorney at FGBO that can analyze both your claims and any individual risk.