Mr. Olinsky reference to whistleblowers as "bounty hunters" is interesting, when he writes "New Jersey's new statute follows the federal version, and will invite suits by a new group of bounty-hunters - those involved with companies that do business with the State or "any contractor, grantee or other recipient of State funds."

At the end of the article,  Mr.Olinsky provides a useful corporate tip  when he writes "companies that do not already have in place a comprehensive compliance program - including training, anonymous reporting, and self-auditing - should make the implementation of such a program a top priority". The fines for a company found defrauding the government, can be expensive.  As he points out, "The New Jersey False Claims Act  provides for treble damages and civil penalties of at least $5,000 to $10,000 per false claim."  Several other states already have this penalty in force.

Whistleblowers or "bounty hunters" as Mr. Olinsky calls them, are out there ready and willing to report a company for defrauding the government. They get to share in the government's recovery, anywhere from 15% - 30%, depending upon the government's intervention in the case. However, despite the money, most whistleblowers would prefer for the company to stop the wrong doing and acknowledge them for reporting the fraud to management. In several instances, the whistleblower loses their job, friends and life as they know it, because the large corporations vilify the whistleblower. Just ask two of the most well known whistleblowers, Dr. Peter Rost formerly of Pfizer or Cynthia Cooper formerly of Worldcom. They told what they believed was the truth about their organizations and their worlds changed dramatically. Although both have written books and are household names  if you asked them, why they came forward, I am sure they will say "it was  to tell the truth". We believe that whistleblowers are brave individuals that give up a lot to share the truth.  A large corporation can pay defense firms millions of dollars to fight a qui tam claim and end up settling without admitting any wrongdoing. They can finance a well paid PR campaign to help with their public image, give millions to a worthy cause and life goes on as usual.  At the end of the day, who stands to lose the most for coming forward? the brave whistleblower. 

Click here and check out the article on the New Jersey False Claims Act by Mr, Mark Olinsky and make your own conclusion.

Read Peter Rost's article on OPEDnews.com regarding the new  cancer drug, Tasigna by Novartis. It is revealing and has a very important message for pharmaceutical whistleblowers regarding when and how they should report a whistleblower claim. It sheds light on the fact that most people want to believe in the good about their company. They want to inform them when they see an inconsistency in something and expect them to make it right, They are not expecting any rewards, just an acknowledgment and confirmation on how the company will correct the problem.

An important message to people who may bring a potential qui tam or whistleblower claim against a company, is to know your rights . A relator or whistleblower must take the proper steps to protect their qui tam or whistleblower claim. They need to speak to an attorney that understands and handles qui tam claims.  This can make the difference between getting a thank you from the government or a check in the amount of up to 30% of what the government recovers. Unfortunately, the whistleblower has to protect their interest first, and that is not only gathering the documentation and proof. If you have a potential qui tam claim, contact the civil justice prosecutors at LaBovick & LaBovick. They are former Federal Prosecutors and understand how to bring a case on behalf of the government. Consultations are confidential and FREE.  Act quickly, protect your rights.

The Whistleblower Law Blog is presented as a service of the Private Law Firm, LaBovick & LaBovick, P.A., Civil Justice Prosecutors. LaBovick & LaBovick is a Plaintiff's firm that represents whistleblowers in Florida and throughout the nation in qui tam (False Claims Act) litigation.

Prosecutors allege that Pharmacia & Upjohn Co. offered to overpay a subsidiary of a pharmacy benefit manager by $12.3 million in the hope the company would, in turn, recommend Pharmacia's drug products to its clients.

In a Press Release by the U.S. Attorney's Office in Massachusetts, U.S. Attorney Michael Sullivan, states that “It is important for the public to recognize that growth hormone has not been shown to be safe and effective for anti-aging, cosmetic or athletic uses, and it must not be promoted for such uses. Sullivan noted that Pfizer,  acted responsibly when it self-disclosed to various federal government agencies, in May 2003, PHARMACIA’s unlawful promotion of human growth hormone.

Whistleblower, Peter Rost, former Vice President at Pfizer had a different spin on the events. He told the Corporate Crime Reporter  "The Justice Department praised Pfizer for self-reporting; but Pfizer would have done nothing if I didn’t twist its arm. I was floored when I read the press release. They have one guy who lost his career, lost his job for doing the right thing. That would be me. And they praised the company that fired me?”