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Should I have an attorney to file a whistleblower action against a company owner who is committing bankruptcy & tax fraud?

Harrisburg, PA |

Can I expect anonymity in this process? How likely will an attorney be willing to represent me on a contingency basis?

Attorney Answers 3

Posted

Should you is not a legal question because it is completely up to you to decide. Can you have an attorney do it? Yes. But you are talking about a very special kind of lawsuit that few attorneys handle and which involve very difficult and complex laws that literally go back to the Civil War. The National Whistleblowers Center has a lot of free info that you should read through first to make sure that this is what you want to do and how to go about it and things to consider. Their web site is http://www.whistleblowers.org/. Before it is over with you will probably need an attorney to handle it for you so spend some time finding the right one who knows the law in this subject. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck.

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you

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Posted

Mr. Burdge has given you an excellent response. You should find a tax lawyer in Harrisburg and hire that tax lawyer to help you with your whistleblower claim.

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Ronald Lee Burdge

Ronald Lee Burdge

Posted

Bruce, too, is right - talk to a local tax lawyer and do this the right way if you are going to do it at all.

Posted

I agree with the previous answers that you should talk to an attorney who specializes in this type of law. Whether you have a claim is likely to depend what type of fraud is at issue and you will need to describe the specifics of the fraud to the attorney. Tax fraud is carved out of the federal false claims act, so I think it is unlikely that that could be a basis for a claim. See 18 U.S.C. 3729(d). That may or may not be the case for the various state false claims statutes. I also tend to doubt that bankruptcy fraud is compensible either since under the federal false claims act the defrauded party needs to be the federal government. It may be different if the federal government is a major creditor of the bankruptcy estate. Anyway, consistent with what others of said, you should meet with an attorney who does false claims act work and give them the specifics of what your employer is doing. Best of luck.

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Ronald Lee Burdge

Ronald Lee Burdge

Posted

Matt is right - this law is so complex that you really need to talk to a local lawyer near you who knows it very well so you can be sure you make the right moves so you don't waste your time.

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