South Carolina Whistleblower Lawyer
If you have evidence that a company is defrauding the federal government, you may be entitled to a share of the government’s recovery under the False Claims Act, along with legal protections against retaliation. Federal law allows private citizens to file suit on behalf of the government and collect 15 to 30 percent of what the government recovers. These cases are filed confidentially. The defendant may not know a complaint has been filed.
Healthcare fraud, defense contractor fraud, procurement fraud, and retaliation claims.
Joe Cunningham Law handles whistleblower cases under the federal False Claims Act, the SC False Claims Act, and SEC and IRS whistleblower programs.
- Healthcare fraud: false billing to Medicare or Medicaid, upcoding, services billed but not rendered, kickback arrangements
- Defense contractor fraud: inflated invoices, defective or substituted goods sold to DOD, false certifications
- Government procurement fraud: bid rigging, product substitution, false progress billing
- Grant fraud: federal grants obtained through false certifications
- SEC violations: insider trading, accounting fraud, FCPA violations
- IRS tax fraud: large-scale tax evasion, fraudulent deductions, offshore account concealment
- Environmental violations: false reporting to EPA, unlicensed disposal of regulated waste
- Retaliation claims: wrongful termination, demotion, harassment for reporting fraud or assisting a government investigation
The False Claims Act, SC law, and the programs that protect and reward whistleblowers.
Federal and state whistleblower statutes create both a financial incentive and legal protection for individuals with evidence of fraud.
The False Claims Act 31 U.S.C. §§3729–3733
The primary federal tool for combating fraud against the government. Covers any person or company that submits a false claim for payment, uses a false record to get a claim paid, or conspires to do either.
Qui tam provision: allows a private citizen (relator) to file suit on the government’s behalf. Filed under seal — not public, defendant not notified. DOJ investigates and decides whether to intervene. Relator receives:
- 15–25% if government intervenes
- Up to 30% if relator proceeds alone
First-to-file rule: only the first relator to file on a particular fraud is eligible for the award.
FCA Statute of Limitations 31 U.S.C. §3731(b)
Six years from the violation, OR three years from when the responsible government official knew or should have known of the facts, whichever is later. Outer limit: ten years.
FCA Anti-Retaliation Provision 31 U.S.C. §3730(h)
Prohibits employers from retaliating against employees who investigate, report, file, or assist in an FCA case. Remedies: reinstatement, two times back pay plus interest, attorneys’ fees. Protected activity begins at the investigation stage — before any complaint is filed.
South Carolina False Claims Act SC Code §§1-7-300 et seq.
SC’s own false claims statute for fraud against the state government. Mirrors the federal FCA for fraud against SC Medicaid, SC state agencies, and SC-funded contracts. Has its own qui tam provisions, relator share provisions, and anti-retaliation protections.
SEC Whistleblower Program 15 U.S.C. §78u-6
Dodd-Frank Act. Awards 10–30% of sanctions over $1 million for original information about securities violations. May file anonymously through an attorney. The SEC has paid over $1.9 billion in awards since the program launched.
IRS Whistleblower Program 26 U.S.C. §7623
Awards 15–30% of collected proceeds where IRS recovers more than $2 million. Mandatory award structure. May file anonymously through counsel.
OSHA Whistleblower Protections
Anti-retaliation protections under more than 25 federal statutes covering transportation, nuclear energy, environmental protection, consumer financial products, and more.
From confidential consultation to relator share — what to expect.
Whistleblower cases begin under seal and move on a long timeline. Every step requires attorney guidance.
Confidential consultation
Everything is protected by attorney-client privilege from the first conversation. We assess which statute applies, strength of evidence, and whether the case meets threshold.
Investigation and evidence preservation
We work with you to identify and preserve relevant evidence — what you legitimately have from your work: emails you received, records you worked with in the ordinary course. We advise carefully on what is and is not appropriate to retain.
Complaint filed under seal
Qui tam complaint filed in federal district court under seal. Not public. Defendant does not receive notice. Goes to DOJ and relevant federal agency.
Government investigation
DOJ investigates — can take 1–5 years. May conduct interviews and issue subpoenas without defendant’s knowledge. We stay in contact with government’s team and advocate for intervention.
Government intervention decision
Government intervenes: DOJ leads, increases likelihood and size of recovery. Government declines: relator may proceed alone, may receive larger share but carries full litigation burden.
Litigation or settlement
Vast majority of FCA cases resolve through settlement. If litigation: discovery, depositions, motion practice, trial.
Relator share determination
Court determines share within statutory range based on significance of contribution, quality of evidence, and whether relator participated in the fraud.
Qui Tam Relator Share
- 15–25% if government intervenes; up to 30% if relator proceeds alone
- DOJ has recovered over $85 billion under FCA since 1986
- Under SEC program: 10–30% of sanctions over $1 million
- Under IRS program: 15–30% of collected proceeds over $2 million
Retaliation damages (31 U.S.C. §3730(h))
- Reinstatement to former position
- Two times back pay, with interest
- Special damages (emotional distress, reputational harm)
- Attorneys’ fees and costs
- These apply separately from any qui tam relator share
A trial attorney who understands how federal money flows — and where it goes wrong.
Joe served in the 116th United States Congress representing South Carolina’s 1st Congressional District. He worked on legislation and oversight involving federal spending, government contracting, and regulatory programs. He sat with the agencies, the appropriators, and the oversight committees that govern how federal dollars flow and how fraud occurs when those controls fail.
This is not window dressing. It is a working knowledge of procurement systems, agency structures, and federal contracting rules that no law school curriculum produces. When Joe evaluates a potential FCA case, he understands the regulatory environment the defendant was operating in.
Trial attorney. Admitted in SC and USDC District of SC. Selective caseload. Every whistleblower client gets direct attention from Joe.
U.S. District Court, D.S.C.
Questions we hear before every first call.
A legal action by a private individual with evidence that an organization is committing fraud against the government or violating securities, tax, or other federal laws. Federal and state statutes offer a share of recovery and protection from retaliation.
31 U.S.C. sections 3729–3733. Liability for anyone submitting false claims for government payment. Qui tam provision allows private citizens to file suit on the government’s behalf.
The provision allowing a private citizen (relator) to file on behalf of the federal government. Filed under seal. Relator receives a share of any recovery.
Healthcare fraud (Medicare/Medicaid), defense contractor fraud, government procurement fraud, grant fraud. Securities, tax, and environmental violations covered under separate programs.
No complete evidentiary package needed. Need sufficient factual information to give the government a basis to investigate. We evaluate what you have during the confidential consultation.
At filing: yes — under seal, not public, defendant not notified. Once seal lifts, defendant learns of suit. Federal law prohibits retaliation.
No. 31 U.S.C. §3730(h) prohibits all adverse employment actions. Protected activity starts at the investigation stage.
You may still file. Your share may be reduced under 31 U.S.C. §3730(d)(3) if you planned and initiated the scheme. Criminal conviction bars recovery.
FCA: 15–25% (government intervenes) or up to 30% (relator proceeds alone). SEC: 10–30% of sanctions over $1M. IRS: 15–30% of proceeds over $2M.
Government investigation: 1–5 years. Cases resolving through early settlement: 2–3 years. Complex cases: can run a decade.
No upfront fee. Contingency. Free confidential consultation.
Consult an attorney before reporting to anyone, including government hotlines, the inspector general, HR, or DOJ. The first-to-file rule means only the first person to file a qui tam complaint on a particular fraud is eligible for the award.
Talk to a South Carolina Whistleblower Lawyer — Free, Confidential Consultation
Whistleblower cases begin with a confidential conversation. Attorney-client privilege protects everything you share. Contact Joe Cunningham Law.
Charleston, S.C. 29407
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We review every message personally and will get back to you, usually within the hour during business hours. For anything urgent, call (843) 633-3360.