During World War II, the slogan “loose lips might sink ships” was a common expression used in our country to warn citizens and military personnel of potential real-world consequences if the enemy gained our secrets. Open, or “loose,” talk about ship movements could have led the enemy to intercept or destroy our vessels. While the 1940s was a different era than the one we live in now, our more sophisticated technology and means of communication can lead to similar unintended, harmful outcomes.
As you move forward with your case, heed the advice of your legal team and investigators and keep them apprised of anycommunications you have had about your case.
The False Claims Act contains a seal provision that is intended to prevent anyone associated with a case, especially the whistleblower, from discussing the allegations. This is done in order to allow the government the opportunity to undertake a thorough investigation WITHOUT the defendant knowing about it.
For whistleblowers, loose lips take on a different significance that can have severe financial consequences. A casual text, tweet, e-mail or Facebook post could easily tip someone off to what you’re doing. Your employer might be monitoring your twitter, Facebook or Instagram accounts. If they hear about your potential claim, they might hide or destroy evidence the government would need to prove your claim. They could also seek to fix the problems you uncovered and self-report in an effort to reduce scrutiny and possibly avoid a whistleblower action altogether. If a co-worker, client or vendor associated with your line of work sees information you posted or transmitted about your claim, they might proceed to file a case before you do. They will be considered the “first to file,” and you may not be entitled to share in any recoveries made by the government.
If you decide to pursue a whistleblower or Qui Tam matter, your legal team will walk you through what to expect each step of the way. Rule #1 for our clients is to not discuss, disclose or communicate anything about the case. One of the things I have noticed about whistleblowers is that they are often outraged, upset and want the world to know about what they have uncovered. Sometimes, the relative anonymity of commenting on a website is too tempting for them to avoid. As you move forward with your case, heed the advice of your legal team and investigators and keep them apprised of any communications you have had about your case. To be a successful whistleblower takes not only a good case and good timing, but hard work, good fortune and diligence in remaining silent during the seal period. Trust your legal team to navigate you around any mines or torpedoes that could destroy a good case.