As a whistleblower, or “relator,” under the False Claims Act (FCA), you have filed a complaint against a company that defrauded the federal government. The government investigated your allegations and indicted the defendant company on federal criminal charges. At sentencing, the government seeks restitution of the amount it lost due to the defendant company’s fraud. Can you receive a whistleblower reward from the restitution paid in the criminal case?
The short answer is maybe, but probably not in the context of the criminal action itself. Continuing a trend favorable to whistleblowers, a recent court decision may help you receive an award from the restitution paid in the criminal action if your whistleblower case under the FCA is successful.