Whistleblower

Representing whistleblowers is a vital part of the firm’s practice. Whistleblowers come in all shapes and sizes: a senior executive who was in the room where it happened, a dedicated nurse that knows something fishy is going on, an outside analyst who assembles a mosaic no one else could put together, a company tired of competing against crooks, and many more. But all whistleblowers have one thing in common: they see something wrong and want to make it right.

Coming forward as a whistleblower isn’t easy, but we will be there with you every step of the way. We have the skills, experience, empathy, and determination to stand with you and help you get the best result.

We will listen to you. We will prepare you for what to expect in becoming a whistleblower. And we will do our best to help you make an impact by collaborating on case development, interacting with government agencies, moving forward with your case, and reaching a favorable outcome.

We represent whistleblowers in a variety of contexts, including:

• The Federal False Claims Act, for clients reporting wrongdoing related to federal government funds.
• State False Claims Acts, for clients reporting wrongdoing related to state or local government funds (and sometimes state taxes).
• The Securities and Exchange Commission (SEC) Whistleblower Reward Program, for clients coming forward about legal violations by publicly-traded companies, investment advisors, cryptocurrency businesses, and more.
• The Commodity Futures Trading Commission (CFTC) Whistleblower Reward Program, for clients coming forward about violations of the Commodity Exchange Act.
• The Department of Justice Corporate Whistleblower Award Pilot Program, for clients coming forward about money laundering and anti-money laundering (AML) compliance violations, foreign and domestic bribery, and healthcare fraud.
• The Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) whistleblower program, for clients coming forward about wrongdoing involving federally-insured financial institutions.
• The Internal Revenue Service (IRS) Whistleblower Reward Program, for clients coming forward about violations of federal tax laws.

We have represented and actively represent whistleblowers reporting wrongdoing in a variety of whistleblower programs and subject matters. Our clients come from all over the United States and the world. Our clients include:

• U.S. ex rel. Nunez-Unda v. Lafayette RE Management et al. – represented an executive who reported his former employer for fraudulently misrepresenting their need for Paycheck Protection Program (PPP) loans during the COVID pandemic, resulting in intervention by the Department of Justice and a $680,000 settlement.
• U.S. ex rel. Craig v. Hawthorne Machinery et al. – representing a former employee reporting his former employer by claiming to have fewer employees than they actually had to be eligible for a PPP loan. After government declination, defeated defendants’ motion to dismiss and in discovery.
• A former employee of a publicly-traded multi-billion dollar company that violated U.S. sanctions and export control laws and lied to cover it up.
• A doctor who saw his employer was upcoding and billing government healthcare programs for services not rendered as claimed.
• A former employee of a publicly-traded asset manager that lied to the market to make an acquisition look less risky than it was.
• A businessman who discovered his partners fraudulently misused funds from the PPP by firing employees and using the money for their own ends.
• A nurse who uncovered billing of medically unnecessary services to multiple state Medicaid programs and systematic mistreatment of patients.
• An independent investigator who figured out a sprawling business empire was pretending to be a series of small businesses to obtain PPP loans.

We have also represented whistleblowers who have endured retaliation, either as a part of reporting wrongdoing, or simply for trying to raise concerns internally. We have experience negotiating, litigating, and obtaining favorable settlements in these cases. We have won cases making new precedent in this area to protect whistleblowers. Representative matters include:

• Obtained a favorable settlement for a nonprofit executive director terminated in retaliation for her reports of fraud and malfeasance at her organization.
• Obtained a favorable settlement for a healthcare executive terminated in retaliation for raising concerns about improper billing and noncompliance.
• Obtained a favorable settlement for an independent contractor whose contract was not renewed despite exemplary performance after reporting concerns about COVID protocols and safety at her organization.

Note: This page may include matters and descriptions of work completed prior to joining Law Office of Max Rodriguez PLLC.