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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118238
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Pattern & Practice of ripping off we spanic soldiers. I have

Customer Question

Pattern & Practice of ripping off we Hispanic soldiers. I have been harmed myself, I have emails. Can a soldier file Qui Tam/ Sox (2002) to recover the stolen funds on behalf of government?
Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Congress has held that is it the duty of all persons in the US to report abuse and fraud of government programs. Thus, it has been held that a soldier whistleblower can be a plaintiff in a qui tam action. A whistleblower cannot file a qui tam action pro se, because it is a recovery on behalf of the government and as such that means the party must be represented by an attorney, but they can file such an action once the government finds the fraud based on the reports of the whistleblower.

Customer: replied 1 year ago.
What I understand about Qui Tams is that YES, one can file a QuiTam without a lawyer BUT it would be stupid to do so because if the government decided not to investigate the matter, that's it!!! Its over!!! My question is about SOX (2002). SOX used to be like a QUiTam for corporate malfeasance . The Tsarnav Brothers (Boston Bombing case) changed all that when the FBI charged a friend of Tsarnif for obstruction of justice under SOX. Aren't SOX & QuiTam the same? Me? I'm sitting on evidence of race based rip offs of deployment benefits. I've even have a two star General admitting wrongdoing and I want clawbacks of monies misappropriated/looted. Which is better? Sox or QuiTam? Can I file both?!!! I'm hot to trot to file---the thefts are huge!!!
Customer: replied 1 year ago.
Cite me the difference between a SOX & a Qui Tam and you get paid---I'm actually trying to put together a brief with exhibits and would love to 'Tip my hand to someone...
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

SOX and Qui Tam are two different types of actions. A qui tam action is a reward recovery action against the government for turning in government abuse and fraud. Under Sarbanes Oxley, the action is against a private company for damages stemming from fraud by the company and the recovery is from the company if the company retaliates against the employee. The SOX protects all corporate whistleblowers from retaliation.