The debates about the potential advantages and dangers of artificial intelligence (“AI”) rage but for whistleblowers there are some notable advantages.

To help identify and build a strong case, AI can provide efficient analysis of large amounts of data, identifying connections and deviations that might suggest wrongdoing. These pattern analyses provide utility not only for internal whistleblowers within corporations and other workplaces, but also for outsiders who can synthesize mass amounts of data which can be increasingly accessed on the dark web and openly in the public domain.

AI can not only organize evidence and compile legal research swiftly, but this powerful tool can contribute to whistleblower safety by gauging risks, assessing likely outcomes and to better protect whistleblowers’ identities. Certain AI systems can scan data for names or dates that might identify the whistleblower and to further anonymize the data. Blockchain and encryption allows for safe communication by using complex algorithms to make data unreadable to anyone who does not have the decryption key.

Forbes Advisor reports that health care insurance fraud, including Medicare and Medicaid fraud, topped the costliest category of insurance fraud in 2024, costing consumers approximately $105 billion annually. AI algorithms can be used to identify patterns of overbilling and fraudulent coding practices resulting in recovery of millions of dollars of Medicare and Medicaid fraud lawsuits filed by whistleblowers annually.

For instance, AI machine learning models can analyze vast numbers of patient records virtually swiftly to identify patterns of exaggerated diagnoses and other inconsistencies. Of the more than $2.68 billion in False Claims Act settlements and judgments reported by the Department of Justice in 2023, over $1.8 billion related to healthcare fraud involving “managed care providers, hospitals, pharmacies, laboratories, long-term acute care facilities and physicians.”

These settlements and judgments will grow dramatically as whistleblowers further incorporate the use of AI and as technical and storage capacity capabilities improve. Of course, these same AI use-cases extend to other lines of insurance, including life insurance fraud and property and casualty insurance fraud, which resulted in $74.7 billion and $45 billion in consumer costs respectively in 2024. And beyond to all industry sectors from finance, cybersecurity, to government contracting and beyond.

The DOJ has promoted the use of AI recently. On May 5th, U.S. Deputy Attorney General Lisa Monaco remarked at a cybersecurity conference that the DOJ uses AI to triage the more than one million tips the FBI receives every year. She added that they used AI in “some of [their] most important and significant investigations, including the Jan. 6 investigation.” While Monaco also expressed her awareness of potential dangers, specifically regarding elections where “malicious actors” can spread misinformation and cause “chaos and distrust” in the system, she confidently stated that DOJ will continue to build “guardrails” around AI so that they can harness its great benefits and avoid great threats.

Now that law firms representing whistleblowers are more regularly leveraging artificial intelligence during the discovery review phase, expediting the identification of crucial data amid voluminous information is becoming more efficient. Regardless of what industry anyone is in, AI has proved it is here to stay and its potential demands to be embraced.

Read AI Proving to be an Advantage for Whistleblower Law Firms in Protection Against Fraud at constantinecannon.com