Erika Kelton in Law360.com, 8/18/14.
Phillips & Cohen partner Erika Kelton spoke with Law360 about the most important steps one must take to have the best chance at a successful IRS whistleblower case.
While killer evidence is key in a whistleblower case, [ Erika] Kelton says experts should also be an integral part of a whistleblower’s due diligence process, as they can lend authority to his or her claim.
“In advance of submitting a claim, we often consult with experts in the whistleblower’s field, flesh out all of the facts, and then also prepare a list of potential witnesses for the IRS to speak to, which includes documents they should request, the nature of the information contained in those documents, what areas of expertise the experts have, and what they would likely say,” Kelton says.
This step is important, because the IRS’ due diligence process is quite lengthy and involved.