Social media activity can hurt your False Claims Act case

Bringing a claim under the False Claims Act is a serious undertaking that requires discretion, credibility and a strong legal strategy. Whistleblowers who expose fraud against the government play an important role in protecting taxpayer dollars, but – very unfortunately – their cases can be undermined by something as simple as a social media post. 

If you are thinking about acting as a whistleblower, understand that what you share online can become powerful evidence used against you, and in the context of a False Claims Act case, even casual activity may damage both your credibility and your claims.

What’s the big deal?

One of the biggest risks in remaining on social media while your claim is pending is the risk of unintentionally revealing too much. If you discuss or even hint at your case, your employer or the suspected fraud online, you may inadvertently disclose information that is protected or confidential. This could not only weaken your case but also expose you to retaliation or claims that you breached workplace policies. 

Even posts that seem unrelated to the case can raise problems. Something as simple as sharing frustrations about an employer or joking about work can be twisted to suggest bias, exaggeration or personal vendetta. Defense attorneys may point to these posts as evidence that you filed a claim for revenge rather than defense of the public interest. Because credibility is central in whistleblower litigation, protecting your online reputation is as important as protecting your evidence.

Another issue involves preserving confidentiality. False Claims Act cases are initially filed under seal, meaning they are kept confidential while the government investigates. Any social media post that hints at the case during this period could jeopardize the investigation or even violate court orders. Such missteps can lead to sanctions and may put the entire case at risk.

Opposing parties often comb through social media looking for inconsistencies or statements that can be used to challenge a whistleblower’s motives or integrity, so it is important to be even more conservative in your approach than you would ordinarily think is necessary. You may even want to stay off social media altogether, unless advised otherwise by a skilled legal team.