If you have discovered fraud against the government in your place of work, you may have a chance to do the right thing, and get paid for it. The federal False Claims Act provides employment protection and monetary rewards for employees who blow the whistle on fraud against Medicare, the military, and any other government agency. Your first step in the process is to speak with an experienced False Claims Act attorney to discuss filing a qui tam lawsuit.
What Is A Qui Tam Lawsuit Under the False Claims Act?
A qui tam action is a civil lawsuit in which an individual acts as a private attorney general, bringing an action on behalf of the government to recover money of which the government has been defrauded. “Qui tam” is the shortened version of a much longer Latin phrase that means “[he] who sues in this matter for the king as well as for himself.” These types of statutes have been a part of Anglo-Saxon law for hundreds of years and the False Claims Act was signed into law by President Abraham Lincoln during the Civil War. A “relator,” as the plaintiff in these cases is known, who brings a successful action on the government’s behalf is entitled to receive a portion of the amount recovered, up to 30% depending on the circumstances.
Qui tam lawsuits usually are kept under seal (out of the public record and unknown to the defendant) by the Court until the government has had time to investigate the relator’s allegations.
According to the U.S. Justice Department, the federal government recovered nearly $6 billion in cases involving fraud and false claims in 2014. Qui tam cases accounted for nearly $3 billion of that amount, with the whistleblowers receiving $435 million.
Filing a Lawsuit Under the False Claims Act
The decision to become a whistleblower and file a lawsuit under the False Claims Act is a brave act. There are several things to consider and facts you need to know, including:
- False Claims Act cases are lengthy: Qui tam cases often continue as long as three to seven years, or longer. If you decide to become a relator in a False Claims Act case, you can expect a lengthy process before the case is resolved.
- Act quickly if you have evidence of fraud: Often, only the first person to file lawsuit can maintain a case under the False Claims Act. Regardless of the evidence you have, you want to be the first person to file as a qui tam relator.
- Maintain confidentiality: Qui tam lawsuits are filed under seal, and hidden from public view. If the fraud allegations and/or lawsuit are publicly disclosed, it may prevent you from bringing your suit successfully. Speak with your lawyer exclusively.
- There are time limits under the False Claims Act: You do not have unlimited time in which to file a lawsuit. Generally, a suit must be filed within 6 years of the date the fraud was committed and protection for employees may only extends for 3 years. A knowledgeable whistleblower lawyer can help you determine if you are within the time frame allowed under the law.
Contact Kreindler & Associates if you are considering filing a False Claims Act lawsuit against your company. Our practice is dedicated exclusively to representing whistleblowers in cases of fraud against the government. Our experienced whistleblower lawyers are happy to answer your questions, on a confidential basis, and to advise you how to move forward with your case.
