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Whistleblower Protections & Qui Tam

Protecting the Rights of those Who Speak Up

Every year, the United States and California governments do business with numerous companies and contractors. Unfortunately, sometimes these partnerships go awry. That’s why the Department of Justice and watchdog organizations rely on whistleblowers to alert them of illegal or fraudulent activities. 

At Aiman-Smith & Marcy, our Oakland attorneys help whistleblowers protect their legal rights. California and the federal government have laws relating to whistleblowing, including laws designed to protect the whistleblower. Our whistleblower attorneys can help you protect your rights and fight against wrongdoing.

Protecting the Rights of those Who Speak Up

At Aiman-Smith & Marcy, Oakland Whistleblower Protections & Qui Tam​

Every year, the United States and California governments do business with numerous companies and contractors. Unfortunately, sometimes these partnerships go awry. That’s why the Department of Justice and watchdog organizations rely on whistleblowers to alert them of illegal or fraudulent activities. 

At Aiman-Smith & Marcy, our Oakland attorneys help whistleblowers protect their legal rights. California and the federal government have laws relating to whistleblowing, including laws designed to protect the whistleblower. Our whistleblower attorneys can help you protect your rights and fight against wrongdoing.

What is a Whistleblower?

A whistleblower is an individual who, essentially, blows the whistle to stop wrongdoing against the state or federal government, or their employees. Whistleblowers often report fraudulent activities, such as: 

  • Avoiding Taxes
  • Avoiding Licensing Fees
  • Withholding Payments or Reimbursements 
  • Discriminatory or Unlawful Hiring Practices 
  • Submitting Fraudulent Invoices

What is a Whistleblower?

At Aiman-Smith & Marcy, our Oakland attorneys help whistleblowers protect their legal rights.

A whistleblower is an individual who, essentially, blows the whistle to stop wrongdoing against the state or federal government, or their employees. Whistleblowers often report fraudulent activities, such as: 

  • Avoiding Taxes
  • Avoiding Licensing Fees
  • Withholding Payments or Reimbursements 
  • Discriminatory or Unlawful Hiring Practices 
  • Submitting Fraudulent Invoices

What is a Qui Tam Lawsuit?

A Qui tam lawsuit is a whistleblowing case where the whistleblower may receive a reward if government funds are recovered. The False Claims Act allows anyone to file a lawsuit against anyone who is intentionally defrauding the government. The following types of fraud claims that are likely in Qui Tam claims include the following:

  • Medicare and Medicaid fraud
  • Defense contractor fraud
  • Procurement fraud
  • False certifications and information
  • Kickbacks
  • Grant or Program fraud
  • And more

What is a Qui Tam Lawsuit?

At Aiman-Smith & Marcy, our Oakland attorneys help you to understand what a Qui Tam Lawsuit is.

A Qui tam lawsuit is a whistleblowing case where the whistleblower may receive a reward if government funds are recovered. The False Claims Act allows any

A Qui tam lawsuit is a whistleblowing case where the whistleblower may receive a reward if government funds are recovered. The False Claims Act allows anyone to file a lawsuit against anyone who is intentionally defrauding the government. The following types of fraud claims that are likely in Qui Tam claims include the following:

  • Medicare and Medicaid fraud
  • Defense contractor fraud
  • Procurement fraud
  • False certifications and information
  • Kickbacks
  • Grant or Program fraud
  • And more

one to file a lawsuit against anyone who is intentionally defrauding the government. 

The False Claims Act allows anyone to file a lawsuit against anyone who is intentionally defrauding the government. The following types of fraud claims that are likely in Qui Tam claims include the following:

  •  Medicare and Medicaid fraud
  • Defense contractor fraud
  • Procurement fraud
  • False certifications and information
  • Kickbacks
  • Grant or Program fraud
  • And more

California Whistleblower Protections

California whistleblower and Qui tam lawsuit filers are protected under the False Claims Act and state and federal Whistleblower Acts. These protections include:

  • Qui tam cases are investigated “under seal”, which means employees can report illegal activity without the investigation or their identity being disclosed.  
  • Employers are prohibited from retaliating against a whistleblower.
  • Employers cannot retaliate against employees who refuse to partake in illegal or unethical activities. 
  • If a verdict or settlement is reached in a Qui tam case, the whistleblower could receive up to 30% of the recovered amount.

Are You a Whistleblower?

Blowing the whistle on illegal activity is the right thing to do, but it is risky, and it can be scary. If you witness illegal or fraudulent activity, it is best to contact a whistleblower protection lawyer before taking action. The team at Oakland law firm Aiman-Smith & Marcy is here to protect your rights and help you fight back against illegal activity.

California Whistleblower Protections

California whistleblower and Qui tam lawsuit filers are protected under the False Claims Act and state and federal Whistleblower Acts. These protections include:

  • Qui tam cases are investigated “under seal”, which means employees can report illegal activity without the investigation or their identity being disclosed.  
  • Employers are prohibited from retaliating against a whistleblower.
  • Employers cannot retaliate against employees who refuse to partake in illegal or unethical activities. 
  • If a verdict or settlement is reached in a Qui tam case, the whistleblower could receive up to 30% of the recovered amount.

Are You a Whistleblower?

Blowing the whistle on illegal activity is the right thing to do, but it is risky, and it can be scary. If you witness illegal or fraudulent activity, it is best to contact a whistleblower protection lawyer before taking action. The team at Oakland law firm Aiman-Smith & Marcy is here to protect your rights and help you fight back against illegal activity.

Contact Our Oakland Workplace Discrimination and Harassment Lawyer

If you believe you are a victim of workplace discrimination, harassment, or retaliation, contact Aiman-Smith & Marcy for a free consultation. Our Oakland workplace discrimination and harassment lawyer can help you understand your rights and determine the best option for pursuing justice. Let us help you fight for your rights and preserve your dignity.

Address

7677 Oakport Street Suite 1150
Oakland, California 94621

Telephone

(866) 477-3540

Email

info@asmlawyers.com

Miles

Golden Ambassador

Education

I successfully completed puppy school, but my legal education was advanced thereafter. I learned the importance of not biting due to a law called “strict liability” and I learned the importance of collecting evidence (my mom always bring a plastic bag on our walks for that purpose).

Hobbies

Tennis is my favorite sport – I am not so good with a racket, but I am accomplished at chasing down tennis balls.

Skills

I am committed to brighten the day of anyone I come across (unless it is a squirrel). I am excellent at giving you the opportunity to feel better by scratching my belly or petting my ears. If you need a head on your lap or have treats you need to give away, I will be there for you.

My role at Aiman-Smith & Marcy

I understand lawsuits can be very stressful and so I see myself as a “golden ambassador” to provide comfort and support when you need it. If you come to our office and want me by your side while you tell your story, just let us know and that can be arranged.

Lisseth Bayona

Attorney

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Education and Background

I am a Los Angeles native and daughter of Salvadorian immigrants. From an early age, my parents instilled the value of hard work and education in me and my two siblings. Their perseverance enabled each of us to graduate from college and earn professional degrees.

My interest and commitment to workers’ rights have roots in my parents’ experiences as undocumented workers in Los Angeles. Witnessing the challenges they faced inspired me to pursue a career where I can help individuals confronted with similar struggles. To help someone in those moments is very satisfying. I love connecting with people and learning about their stories. I believe that dignity in the workplace is a right of all workers, not a convenience or privilege reserved for employees of a certain race, gender, age, sexual orientation, or gender identity.

Legal Experience

I received my J.D. from the University of Southern California (USC) Gould School of Law. While there, I served as a judicial extern to the Honorable Patrick J. Walsh of the United States District Court for the Central District of California. Also, while at Gould, I served as an extern for the United States Attorney’s Office for the Central District of California, Criminal Division. As an extern, I worked closely with a trial team of Assistant U.S. Attorneys in prosecution of a web-based platform used to promote human trafficking.

I am a member of Aiman-Smith & Marcy’s class action litigation group. As part of that team, I have successfully fought high-stakes legal battles against well-resourced and highly competent defense firms. See, e.g., Cal. Labor & Workforce Dev. Agency ex rel. Raymond v. CompuCom Sys. (E.D.Cal. Mar. 9, 2023, No. 2:21-cv-02327-KJM-KLN) 2023 U.S.Dist.LEXIS 40710.

Personal Interests

In my free time, I enjoy urban vegetable gardening, traveling, and spending time with my nephew and niece. I also love to spend time at San Onofre Beach learning to surf, although admittedly, I am not very good.

Education

 

Hallie L. Von Rock

Attorney (SBN 233152)

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Education and Background

I moved to the Bay Area from Washington after graduating high school. I had been accepted to UC Berkeley through a program where I could defer for two years while getting my California residency and attending community college, which was significant since I was paying for college on my own. I began working for Randall Aiman-Smith and Reed Marcy in 1996 as an office manager while taking night classes. My first foray into the legal world was soon after starting at the firm when I was ready to transfer to UC Berkeley. Rather than accepting my resident status, the Board of Regents took the position that California residency required a student to be in California “two calendar years.” Randall and Reed took up my case with the same verve as they helped their actual clients and I got the chance to comb through the UC Berkeley library to read their codes and regulations to support my position. In that experience, I learned what is was like to feel helpless against a big organization and then to have dedicated attorneys in my corner to take up my cause.

After a break to pursue my major in art history, I went to UC Hastings College of Law and continued working with Randall and Reed. Having worked together now for over 25 years, we have a unique ability to work collaboratively and finish each other’s sentences. I have strived throughout my career to make a difference in the lives of our clients. At the end of the day, if I am helping someone to get compensation for losses they suffered, then I know that all the work put into a case has been worth it.

Legal Experience

I have extensive experience in civil litigation and class action cases, including conducting discovery and depositions, calculating damages analysis, preparing motions for certification, writing appellate documents, and overseeing claims administration. We have handled several class actions against retailers where plaintiffs claimed they were forced to purchase clothing to wear to work and were not compensated for these purchases, including against Abercrombie & Fitch, Hugo Boss, Armani Exchange, Uniqlo, Dollar Tree, and Ross. Recently, I was trial counsel in a defamation claim against Bank of America on behalf of a former employee who claimed the Bank blacklisted her with future employers. The jury found Bank of America liable, including for punitive damages.

Personal Interests

Aiman-Smith & Marcy has sponsored me in the Boston Marathon and New York Marathon. When I race, I often wear a “Rockstar Ronan” shirt to support research for childhood cancer through The Ronan Thompson Foundation.

Education

University of California, Berkeley, B.A., 1999

Hastings College of the Law, University of California, J.D., 2004

Randall Aiman-Smith

Abogado (SBN 124599)

Aiman-Smith & Marcy. Oakland consumer fraud attorneys.
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Educación y antecedentes

Fui afortunado. A pesar de no haber terminado la escuela secundaria o la universidad, pude -aunque con mucho trabajo- ser admitido y sobresalir en una de las mejores escuelas de derecho del país: La Facultad de Derecho de la Universidad de Berkeley. Mientras estuve allí, tuve el privilegio de ser editor de la California Law Review y miembro del Moot Court Board, asesorando en la redacción de escritos y en la defensa de apelaciones a otros estudiantes. Después de salir de la escuela de derecho, en mis primeros años de práctica, enseñé la escritura legal y la defensa de apelación en la Universidad de California, Hastings College of the Law. También, a lo largo de los años, he sido presentador en eventos de educación legal continua.

Experiencia legal

He sido abogado durante 35 años. He dedicado mi práctica exclusivamente a representar a empleados, consumidores e inversores en los tribunales estatales y federales de primera instancia y en los tribunales de apelación. Me gusta ir a los tribunales por mis clientes y he llevado muchos casos con jurado en los tribunales estatales y federales.

¿Ejemplos? En 2010, fui la abogada principal, junto con los otros abogados del bufete, en el caso Williams v. Union Pacific Railroad donde, después de cuatro años de preparación, el bufete obtuvo un veredicto del jurado de 1.670.000 dólares para una empleada afroamericana. En Rivero v. Surdyka, fui el abogado principal en el juicio y la apelación de un caso de derechos civiles que duró 15 años, incluyendo un juicio completo y tres apelaciones al Noveno Circuito, concluyendo finalmente con una sentencia para los demandantes de más de 2.300.000 dólares. Estos casos ilustran el lema del bufete: compromiso – resultados. Hay que comprometerse con un caso, a veces durante mucho tiempo, para obtener el resultado que el cliente merece.

No siempre ganamos en el juicio. Cuando eso ocurre, el compromiso significa llevar el caso al siguiente nivel y recurrirlo. En el caso Rivero, antes mencionado, eso fue lo que ocurrió: el tribunal desestimó el caso -habíamos perdido- pero apelamos y conseguimos una victoria para nuestros clientes que mantuvimos a través de dos apelaciones más. Desde entonces, el bufete ha conseguido muchas victorias en apelación que reivindican los derechos de los empleados y los consumidores.

A lo largo de los años he sido abogado de los demandantes en numerosos casos individuales y acciones colectivas. Puede sonar cursi, o difícil de creer, pero después de todo este tiempo, y después de todas las grandes experiencias que he tenido, mi parte favorita de ser abogado es cuando consigo dar un cheque a mi cliente.

 

Educación

Facultad de Derecho, Universidad de California, Berkeley, J.D., 1986