What type of evidence is needed for a whistleblower case?

What type of evidence is needed for a whistleblower case?

Whistleblower cases are very sensitive, and they require more than just suspicion; instead, they need specific evidence. If you are filing any claim, you need to offer significant and rather overwhelming evidence to support your claim. And that might end up being a lot more challenging than you realize. But if it’s handled appropriately, you will be able to even receive a reward, if eligible.

Why is the evidence important for a whistleblower case?

There are many whistleblower laws like the False Claims Act or the Dodd-Frank Wall Street Reform and Consumer Protection Act which will help reward people that offer info which leads to successful actions in regards to enforcing those laws. But why do you really need good evidence to support your claims?

Realistically, if you have great evidence, that will encourage the government to start an investigation, and they will also intervene when necessary. Enforcement actions will result in financial recovery and thus, if possible, you will receive a reward. The more you help and the more evidence you provide, the higher the amount you will get as a reward. So yes, it does pay off to be a whistleblower, which is something you need to pursue here.

Types of evidence you would need in a whistleblower case

As you can imagine, there are different types of whistleblower case evidence that you need to provide. And naturally, every type of evidence will have different importance. But in the end, the more info you can offer for the whistleblower case, the better it will be.

• Documentary evidence is important, because it showcases issues in writing a lot of the time. Financial statements, internal emails, billing records, contracts, compliance reports or internal audit findings are all very important for this type of case, and it can help immensely when it comes to solving it.
• Firsthand knowledge is also super important as well. For example, you might have knowledge from meetings, seeing fraudulent tasks or actions, reviewing altered financial data, being instructed to falsify documents or witnessing regulatory violations. Of course, you need credible info here, because industry gossip or second-hand rumors will not meet this standard.
• Accounting and financial records also matter quite a lot as well. You want to see if there are false reimbursement claims, hidden liabilities, inflated government contract billing or transactions made off the books.
• Any compliance and policy violations will also matter quite a lot, and they are certainly a thing you want to keep in mind with these situations.
• Internal communications can be good evidence because they highlight intent. And naturally, the more you can offer in regards to this evidence, the better it will be.
• Government filings and public statements will also help quite a lot, as any misrepresentations to regulators or investors can trigger certain actions.

What you should avoid doing?

While it does make sense to acquire as much evidence as possible, it also matters how you acquired the whistleblower case evidence. If the evidence was not acquired legally, you will not be able to use it. For example, if you got it via hacking a system, stole privileged communication, violated data privacy laws or took documents you did not have access for, that is going to be a huge issue and a thing you want to focus on.

It always helps to consult a whistleblower lawyer, as he will be able to offer guidance and a way to figure out how to acquire the data legally. Lawyers have a great track record when it comes to accessing information, and they will narrow down the best approach in this situation. It’s not a walk in the park for sure, but it’s definitely something to consider and handle.

Timing and preservation will matter quite a bit in these cases. You want to share the information as quickly as possible and not sit on it. On top of that, you want to avoid altering any documents or sending any sensitive materials without necessity. Keeping the metadata is just as important here, and it is a thing to take into consideration here.

Also, a testimony is usually enough to trigger an investigation. That’s true especially if the whistleblower had direct involvement in that misconduct. But there are also times when you will need to have significant evidence in order to trigger an investigation. And as we said earlier, the more evidence you can provide, the stronger the case will be, which is crucial in these cases.

Conclusion

We know how difficult it can be to become a part of a whistleblower case, and that’s why it’s crucial to have adequate legal assistance and support. A good whistleblower lawyer will be able to help with that process, circumvent issues and focus on solving the problems. Not only will it streamline this process, but it will lead to much better results in the end!