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Seeger Weiss attorneys Stephen A. Weiss and Justin M. Smigelsky have published an article titled “Sounding the Alarm” in the July 2025 issue of Trial Magazine, the publication of the American Association for Justice.
The article examines strategies for protecting whistleblowers in False Claims Act cases, drawing from their representation in United States v. Stimwave Technologies, Inc. The case involved a medical device company that fraudulently directed its staff to offer a dummy plastic component with no functionality to qualify for higher Medicare reimbursement rates.
After one of Stimwave’s sales representatives served as a whistleblower, the government secured significant results: a halt in the manufacture and distribution of the adulterated medical device, the company’s admission of wrongdoing, a federally monitored corporate compliance program, $10 million in monetary penalties, and the prosecution and conviction of the company’s CEO.
The piece details practical strategies for shielding whistleblower identities and discusses essential pre-filing considerations, such as determining whether the relator possesses specific knowledge of alleged fraud, confirming original source status, navigating the “first to file” rule, and more.
As Weiss and Smigelsky describe, “Whistleblowers worry about the impact their reporting will have on their professional and personal lives.”
Read this important piece in the July issues of Trial Magazine here: https://www.justice.org/resources/publications/trial-magazine
Prior results do not guarantee or predict a similar outcome with respect to any future matter.