Experienced Whistleblower & Qui Tam Attorneys
What Distinguishes Our National Whistleblower Attorneys
Over the last decade, the attorneys in our Whistleblower & Qui Tam Practice Group have represented whistleblowers in helping the federal and state governments recover over $4 billion resulting from fraudulent and deceptive practices by banks, corporations, and other entities. In the process, our clients have received large awards for their brave actions in coming forward to expose fraud, waste, and abuse.
The Washington, DC office serves as the central hub for Sanford Heisler Sharp McKnight’s Whistleblower & Qui Tam Practice, which is led by Partners and Co-Chairs Vince McKnight and John McKnight. As co-chairs of the whistleblower practice group, they have over 40 years of combined experience representing whistleblowers and helping federal authorities recoup billions of dollars.
On This Page
- Knowledgeable Attorneys Representing Relators with Their Whistleblower Claims
- Common Industries Involved in Deceptive & Illegal Practices
- Our Unique Experience with Whistleblower Claims in the Banking & Tech Industry
- Whistleblower Cases: Dodd-Frank Whistleblower Program & Its Importance
- Whistleblower Cases: The False Claims Act & Its Importance
- Protecting & Representing Relators & Whistleblowers from Retaliation
- International Whistleblowers and Applicable Whistleblower Laws for Companies with Global Operations
- Experienced Guidance & Advocacy from The Attorneys Sanford Heisler Sharp McKnight
We empower whistleblowers in four critical ways:
- Our Experience: The growth of our whistleblower practice reflects the increasingly crucial role that whistleblowers play nationwide and worldwide in exposing fraud against the U.S. government. We have successfully represented whistleblower clients in claims filed on behalf of federal and state governments involving customs fraud, government procurement fraud, banking fraud, and more.
- Our Relationships: Vince McKnight, Co-Chair of the Whistleblower & Qui Tam Practice Group, has represented whistleblowers for over thirty years. He currently serves as Chairman of the Board of the Anti-Fraud Coalition. By working alongside the government for over 30 years and bringing innovative and groundbreaking cases to their attention, Vince and the rest of Sanford Heisler Sharp McKnight’s attorneys have developed important connections with the government.
- Our Versatility: We are not just experienced attorneys staying ahead of the curve in the evolving space of whistleblower law. We are one of the most diverse teams in the country. Fluent in multiple languages, our team has the resources and the cultural sensitivity to assist whistleblowers worldwide in the language they prefer.
- Our Passion: Sanford Heisler Sharp McKnight was founded as a social justice firm fighting for employee rights. That’s why we are determined to protect whistleblower clients from retaliation by their employers when they bravely come forward to expose fraud from retaliation by their employers.
Knowledgeable Attorneys Representing Relators with Their Whistleblower Claims
Vince McKnight, also Co-Vice Chairman of Sanford Heisler Sharp McKnight, currently serves as Chairman of the Board of the Anti-Fraud Coalition, a national organization dedicated to raising awareness of whistleblower law and empowering those who come forward to expose fraud against the government and financial markets. Previously, Vince also served on the Board of Governors for the Trial Lawyers Association of Metropolitan DC. Vince’s practice has focused on representing corporate whistleblowers who have exposed securities fraud, data privacy violations, digital advertising fraud, banking misconduct, government contract procurement fraud, and other corporate malfeasance.
John McKnight regularly speaks on panels on whistleblower law for the American Bar Association, the Federal Bar Association, and the Anti-Fraud Coalition. John’s practice has focused on representing corporate whistleblowers who have exposed securities, commodities, and digital assets or cryptocurrency fraud, banking misconduct, and other frauds affecting financial markets and investors. John is dedicated to topics in fintech, corporate valuation, and cybersecurity.
Russell Kornblith is General Counsel, Partner, and Co-Chair of the Executive Representation Practice Group at Sanford Heisler Sharp McKnight‘s New York office, and he also works in the Whistleblower & Qui Tam Practice Group. He has experience working on customs fraud, medical device fraud, litigation, and appeals.
Senior Litigation Counsels Sarah Chu and Frank Xu are also members of the Whistleblower & the Qui Tam Practice Group in the Washington, DC Office. They provide subject matter expertise to whistleblowers interested in exposing securities fraud, healthcare fraud, carbon fraud, digital advertising fraud, and tax fraud. They are also experienced with false claims act litigation and individual whistleblower retaliation cases. Frank is fluent in Mandarin Chinese, and Sarah is fluent in Korean.
The Practice Group includes members fluent in English, French, Mandarin, Korean, Japanese, Hindi, and several other languages.
Our Whistleblower & Qui Tam Practice is dedicated to representing whistleblowers on behalf of the federal and state governments. Some of our most significant whistleblower cases include:
- We represented a former high-ranking executive at Wells Fargo who blew the whistle on the bank’s “fake account” scandal, resulting in $3.5 billion in fines against Wells Fargo. The whistleblower complaint under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 bolstered the federal civil investigation into the company.
- We helped recover $50 million for the Department of Defense in a whistleblower case against a Department of Defense contractor that allegedly falsified the pricing structure of a military vehicle part
- We secured a nearly $23 million settlement from a leading importer of vitamins for allegedly skirting U.S. customs duties, with the whistleblower receiving nearly 20% of the settlement for his role in exposing the importer’s unlawful conduct.
- We brought a case against a Tennessee based medical device manufacturer for violating the TAA and FCA by violated the TAA and the FCA by selling devices to the Government that were manufactured in countries with which the United States is not a trading partner, resulting in a $11.3 million recovery for the Government and a $2.3 whistleblower award for the client.
- We settled a case against a Silicon Valley based security company for falsely labeling the country of origin on its products in violation of the Trade Agreements Act for $545,000, with the Relator receiving 19% of the settlement.
- We achieved a significant victory in a First Circuit appeal of a False Claims Act case involving defective medical devices.
Common Industries Involved in Deceptive & Illegal Practices
Whistleblowers are instrumental in combating corruption in various sectors and industries. We have experience in cases involving:
Crypto Assets
Crypto fraud is a growing area of interest for the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC), and they have enforced against companies for failing to register as an exchange or implement anti-money laundering policies, engaging in Ponzi Schemes, and more.
Banking and Financial Institutions
We have brought claims against large financial services corporations alleging a variety of unlawful practices. Claims against financial services corporations can be brought to the Department of Justice (DOJ), Office of The Comptroller of The Currency (OCC), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and under the Foreign Corrupt Practices Act (FCPA).
Digital Advertisement
Digital advertising is a $500 billion industry worldwide. The lack of transparency with Supply Side Platforms (SSPs), Demand Side Platforms (DSPs), Supply Path Optimization (SPO), and the exchanges make this industry ripe for abuse.
Cybersecurity
Government agencies have made cybersecurity a top priority, and our team has been at the forefront of informing the government of undisclosed breaches and vulnerabilities in companies’ cyber networks.
Customs Fraud
We have successfully brought cases involving customs fraud, a fraudulent attempt to reduce customs duties imposed on goods imported into the U.S.
Government Contractors
Schemes include false certification of compliance with regulatory specifications and cybersecurity requirements, bid rigging, and small or disadvantaged business set-asides.
Healthcare
Schemes include billing for medically unnecessary procedures, upcoding for services not rendered, paying kickbacks to physicians in exchange for patient referrals, and off-labeling.
Aerospace
Schemes include inflating charges on a DoD or NASA contract, selling defective equipment, and failing to meet the specifications of government contracts.
Transportation
Involves fraud schemes with a connection to the motor vehicle industry, in which whistleblowers can allege safety issues and deficiencies in a motor vehicle pursuant to the National Highway Transportation Safety Act Whistleblower Program.
Carbon Markets
A key area of interest for the Commodity Futures Trading Commission (CFTC), rampant fraud exists within the Voluntary Carbon Markets through schemes such as manipulative and wash trading, “ghost” credits, double counting, and more.
Our Unique Experience with Whistleblower Claims in the Banking & Tech Industry
The Whistleblower & Qui Tam Practice Group has deep industry experience with cutting edge cases in the technology and banking industries. We use a client-centered approach, representing executive-level clients in intricate legal matters such as Bank Secrecy Act violations, money laundering violations, digital ad fraud, banking misconduct, and data privacy threats. These cases demand sophisticated analysis and often require filings with multiple agencies to maximize the likelihood of successful enforcement. As technology evolves, opportunities for fraud and unfair advantage proliferate, making the role of courageous whistleblowers essential in exposing and combating these schemes.
Whistleblower Cases: Dodd-Frank Whistleblower Program & Its Importance
The Dodd-Frank Whistleblower Program incentivizes individuals to come forward with information regarding federal securities or commodities law violations. Defendant companies must fall under the purview of the Securities and Exchange Commission (“SEC”) or the Commodity Futures Trading Commission (“CFTC”). For instance, all publicly traded companies in the United States—as well as other select companies receiving substantial American investment income—are required to file statements and disclosures with the SEC.
The Importance of Dodd-Frank Whistleblower Program
The Dodd-Frank Whistleblower Program was enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010 in response to the excessive financial risk-taking that caused the Great Recession of 2008. Information provided by a whistleblower that leads to civil penalties totaling more than $1 million makes the whistleblower eligible for an award of between 10% and 30% of the penalties and related actions under other eligible whistleblower programs. The SEC and CFTC count on whistleblowers to expose and punish the kind of financial wrongdoing that plunged the economy into crisis in 2008.
Our Ongoing Support of Whistleblowers with SEC Claims
Typically, a publicly traded company that deliberately withholds, omits, or misstates information to investors that would otherwise negatively impact the company’s value is subject to an SEC fraud investigation. The SEC does not require criminal intent to initiate an investigation based on a whistleblower’s inside information, as long as the information the whistleblower possesses can show demonstrable intent by the company to deceive investors or commit fraud. Other types of cases that come under the SEC’s purview include deficient cybersecurity practices, banking fraud, and crypto fraud.
Whistleblower Cases: The False Claims Act & Its Importance
The False Claims Act (FCA) is enforced by the Department of Justice (DOJ). It empowers a private citizen (called a “relator”) to bring a whistleblower claim (or “qui tam”) lawsuit against an individual or organization for defrauding a U.S. governmental entity. Typical violations can include Defense Department contractor fraud, customs fraud, or Medicaid fraud. Relators who successfully help the government expose such white-collar crime save the U.S. government billions of taxpayer dollars annually and are eligible to receive 15% to 30% of the money collected as a result of a settlement or penalties levied against the defendant.
A whistleblower or “relator” bringing a claim under the FCA must voluntarily disclose to the government that an individual or corporation is violating the law and must be an original source of that information.
Under the False Claims Act, anyone can file a qui tam case, including U.S. Citizens, non-U.S. citizens, employees, and third parties. However, the relator must be represented by an attorney in filing their claim.
The Importance of FCA Whistleblower Claims
Without whistleblowers bravely coming forward with inside information, corporations would commit fraud with impunity. That is why whistleblowers play a crucial role as private stewards of the public trust— and why they deserve to be compensated when their tips lead to successful settlements and penalties levied by the Government against bad actors.
When an individual discovers fraudulent practices, navigating an FCA claim can be intimidating, overwhelming, and isolating. Our attorneys have established relationships with various agencies of the U.S. government – including the Department of Justice – and stand beside relators with guidance and support in all aspects of their claim from start to finish.
Our Experience Representing Whistleblowers in FCA Claims
We have successfully represented numerous qui tam plaintiffs who used their insight to blow the whistle on fraud. Examples of past successful actions include a former contract director at Navistar Defense and Navistar International who blew the whistle on the fact that Navistar was forging invoices, catalogue prices, and other data during the negotiations of a multi-billion-dollar Department of Defense contract to manufacture mine-resistant, armored vehicles being sent to Iraq and Afghanistan. Because of our clients’ inside information, Navistar agreed to pay the U.S. government $50 million.
Protecting & Representing Relators & Whistleblowers from Retaliation
It is unlawful for an employer to retaliate against an employee who blows the whistle on fraud and other wrongdoing, whether via termination, harassment, constructive discharge, demotion, retaliatory investigations, or reduced hours. There are numerous state and federal laws that protect whistleblowers from being penalized for shedding light on unlawful activity by their companies. Private sector employees are protected from retaliation prohibited by various state and federal statutes including the anti-retaliation provision of the False Claims Act, 31 U.S.C. § 3730(h), Dodd-Frank’s anti-retaliation provision, and the Sarbanes-Oxley Act.
As a law firm founded to defend employment rights, we bring decades of experience successfully representing employees of all kinds from unlawful workplace retaliation. We have significant experience protecting whistleblowers in the important work they do exposing the corruption they see firsthand.
International Whistleblowers and Applicable Whistleblower Laws for Companies with Global Operations
Whistleblowers do not have to be an American citizen or live in the United States to qualify for an award under several American whistleblower laws, including the Foreign Corrupt Practices Act and the Anti-Money Laundering & Sanctions Programs. Often, U.S. jurisdiction over the defendant company is sufficient to advance a whistleblower tip for a reward should an enforcement action occur.
Our international whistleblower practice stands out among U.S. law firms for its exceptional diversity. Our attorneys are fluent in Mandarin, Korean, French, Spanish, and Hindi, offering expert advocacy for whistleblowers across diverse cultural and linguistic backgrounds.
FCA Claims & Relator Qualifications
The False Claims Act covers defendant companies and their agents who are accused of defrauding a U.S. governmental entity including companies with operations overseas. A common area for international whistleblowers to report wrongdoing under the FCA is customs fraud, in which foreign exporters violate the law by failing to pay customs duties required under the nation’s import tariff regulations, either through the intentional misclassification of goods, the failure to declare the true value of goods, or the failure to mark goods with their country of origin. Whistleblowers are eligible for an award of 15-25% of the recovery the U.S. government secures in False Claims Act cases.
SEC Claims & Relator Qualifications
You do not have to be a U.S. resident or citizen to participate in the whistleblower programs of the Securities and Exchange Commission (“SEC”) or Commodity Futures Trading Commission (“CFTC”). The key requirement of an SEC or CFTC claim is that one or the other government agency has authority over the company alleged to have committed securities or commodities fraud. This applies to all publicly traded companies in the U.S. and certain other companies receiving substantial American investment income.
Information provided by an international whistleblower that leads to civil penalties totaling more than $1 million makes the whistleblower eligible for an award of between 10% and 30% of penalties.
Foreign Corrupt Practices Act of 1977 & Relator Qualifications (FCPA)
The Foreign Corrupt Practices Act (“FCPA”) is an anti-bribery law, jointly enforced by the SEC and DOJ. The law is used to prosecute bribes paid abroad by companies that are directly or indirectly connected to the U.S. Whistleblowers reporting FCPA violations are eligible for rewards if the SEC issues penalties based on original information provided by the relator.
Entities that fall under the FCPA include:
- Issuers: Issuers are U.S. or foreign public companies listed on the stock exchange, companies that file periodic reports with the SEC, as well as foreign subsidiaries and agents of publicly listed corporations
- Domestic Concerns: Domestic concerns are entities that do not qualify as issuers but which are based in the U.S. generally through residence, incorporation, or employment.
- Non-issuer Companies: Foreign individuals and non-issuer companies can be accountable for corrupt actions in the U.S.
Whistleblowers reporting FCPA violations are eligible for rewards under the Dodd-Frank SEC Whistleblower Program if the SEC issues civil penalties based on the information the whistleblower provided.
Anti-Money Laundering Whistleblower Program & Relator Qualifications (“AML”)
The Anti-Money Laundering (“AML”) Whistleblower Program enables whistleblowers to report money-laundering violations and sanctions evasions to the Treasury Department.
Whistleblowers are not required to be “insiders” and can be eligible for an award based on their independent knowledge or assessment of publicly available information, provided the government is not already aware of the information. AML claims could involve fraud occurring overseas, but it is not a requirement.
The Financial Crimes Enforcement Network (FinCEN) and the Office of Foreign Assets Control (OFAC) are bodies within the Treasury Department. FinCEN investigates violations of the Bank Secrecy Act, while OFAC enforces and investigates sanctions violations subject to a variety of laws. Information submitted to either agency that leads to an enforcement action totaling more than $1 million makes the whistleblower eligible for an award of 10% to 30% under the AML Whistleblower Program.
Experienced Guidance & Advocacy from The Attorneys Sanford Heisler Sharp McKnight
The attorneys at Sanford Heisler Sharp McKnight take a client-centered approach to representing clients in their legal matters with cutting-edge strategies and experienced insight. If you need guidance and representation with your domestic or international whistleblower claim, please fill out the contact form below which will be reviewed, evaluated, and responded to quickly.
Our National Whistleblower & Qui Tam Practice Group:
H. Vincent McKnight
Co-Vice Chairman & Co-Chair
John McKnight
Co-Chair
Russell Kornblith
Partner & General Counsel
Sarah Chu
Senior Litigation Counsel
Frank Xu
Senior Litigation Counsel
Qiaojing Ella Zheng
Managing Partner of Palo Alto Office & Chair of Asian American Litigation
Andrew Macurdy
Co-Chair of Trial Practice Group
Surabhi Dhar
Of Counsel
Shaun Rosenthal
Of Counsel
James Hannaway
Senior Litigation Counsel
