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Cybersecurity Whistleblowers Defense Lawyer in New Jersey
In today’s digital age, cybersecurity compliance isn’t just a technical requirement—it’s a legal obligation for companies doing business with the U.S. government. Government contractors must follow strict cybersecurity standards, including guidelines set forth by the National Institute of Standards and Technology (NIST) and the Cybersecurity Maturity Model Certification (CMMC). When contractors falsely claim compliance with these standards to obtain or retain government contracts, they may be liable under the Whistleblower or False Claims Act (FCA) for cybersecurity fraud.
Protecting National Security Through Cybersecurity Whistleblowers
Federal agencies rely on private companies for essential software, data storage, and IT infrastructure. Given the sensitivity of government data, including military, defense, and personal information, the U.S. government has established cybersecurity standards to safeguard these resources. The NIST and CMMC frameworks provide specific guidelines to protect government systems from cyber threats, mandating robust data protection measures that contractors must follow.
When companies misrepresent their compliance with NIST or CMMC standards, they risk exposing government data to cyber threats and misleading taxpayers. Cybersecurity False Claims Act whistleblowers are essential in exposing such cybersecurity fraud, helping to protect public resources and national security.
What is Cybersecurity Fraud Under the False Claims Act?
Cybersecurity fraud under the FCA occurs when a contractor knowingly misrepresents its compliance with cybersecurity standards to secure or retain a government contract. This type of fraud may involve:
- Misrepresenting NIST compliance: Contractors may claim to meet NIST guidelines, such as NIST SP 800-171 for controlled unclassified information, without implementing the required controls.
- False CMMC certification: The Department of Defense’s CMMC framework is now a contractual requirement, and contractors must achieve certain certification levels to perform government work. Falsifying CMMC compliance can constitute fraud.
- Failure to disclose data breaches: Contractors must report violations that could compromise government data. Concealing these incidents may violate both cybersecurity laws and FCA requirements.
- Using unsecured subcontractors: Contractors sometimes use third-party vendors who may not meet NIST or CMMC standards, putting government data at risk.
- Providing non-compliant software or systems: Submitting software or technology that fails to meet NIST or CMMC specifications can lead to cybersecurity vulnerabilities, which may become grounds for an FCA case.
Why Choose Our Firm for Your Cybersecurity Whistleblowers Case?
Our firm is experienced in representing whistleblowers in complex False Claims Act cases, including those involving cybersecurity fraud under NIST and CMMC standards. We understand the intricate requirements of these cybersecurity frameworks and the challenges that whistleblowers face in reporting such cases.
By working with our firm, you will receive:
- Strategic, personalized representation: Each case is unique. We tailor our approach to your specific circumstances, developing a strategy that aligns with your goals and strengthens your case.
- In-depth knowledge of NIST, CMMC, and FCA law: Cybersecurity FCA cases involve specialized knowledge of federal standards. Our team is well-versed in NIST guidelines, CMMC certification requirements, and related FCA provisions, ensuring your case is backed by a strong understanding of these technical and legal issues.
- Commitment to confidentiality: Whistleblower protections are paramount, particularly in sensitive cybersecurity matters. We take every precaution to safeguard your identity throughout the legal process.
Understanding Rewards and Protections for Cybersecurity Whistleblowers
Cybersecurity whistleblowers are eligible for financial rewards under the False Claims Act, typically between 15% and 30% of the total government recovery. The FCA also provides legal protections against retaliation, ensuring whistleblowers can stand up for government accountability without fear of employer reprisal.
If you have concerns about a government contractor’s cybersecurity practices, including NIST or CMMC non-compliance, contact our firm for a confidential consultation. We have the expertise and commitment to guide you through the process and advocate vigorously.