False Claims Act / Qui Tam Defense Attorneys

Qui Tam Provision for Whistleblower Protection

The False Claims Act’s qui tam provision is one of the strongest whistleblower protection laws in the United States. However, it has many complicated components and requirements, which can harm any person that pursues such a claim without counsel.

The False Claims Act (31 U.S.C. Sections 3729 through 3733) is the oldest qui tam law, originally enacted in 1863 but later amended in 1943 and 1986. It has been further strengthened by recent amendments in 2009 and 2010. Since its modernization in 1986, it has proven to be the most effective antifraud law in the United States.

Example Actions That Would Be Considered Violations of the False Claims Act:

When the False Claims Act was signed into law by President Abraham Lincoln during the Civil War, the term “whistleblower” was not in use.

The term “relator” is the term used in the statute to identify the original source of the frauds against the government. Consequently, in modern whistleblower reward laws, the term “relator” is often used by the Courts and parties to signify a whistleblower.

Any persons or entities with evidence of fraud against federal programs or contracts may file a qui tam lawsuit.

Importance of Legal Counsel for False Claim Act / Qui Tam Claims

Having legal counsel when pursuing a qui tam case under the False Claims Act (FCA) is critically important due to the complexity, legal nuances, and potential risks involved.

Navigating Complex Legal Processes

• Filing Requirements: Qui tam lawsuits must be filed under seal in federal court, and strict procedural rules govern how and when evidence is presented.
• Compliance with Deadlines: We ensure compliance with tight deadlines, such as filing the initial complaint and responding to government inquiries.
• Avoiding Procedural Pitfalls: Mistakes in filing, such as failing to meet the seal requirement, could result in the dismissal of the case.

Evaluating the Strength of the Case

• Legal Feasibility: We can assess whether the alleged misconduct qualifies as fraud under the False Claims Act.
• Evidence Review: Our experienced attorneys help collect and present evidence in a way that strengthens the case and adheres to legal standards.
• Pre-Filing Investigations: Our attorneys can conduct preliminary investigations to ensure the case has merit before submission to the government.

Maximizing Government Interest

• Crafting a Strong Complaint: Our counsel ensures the complaint is clear, detailed, and compelling to encourage the government to intervene.
• Presenting Evidence to the DOJ: We help present the case to the Department of Justice (DOJ) in a way that highlights its importance and potential for recovery.
• Advocating for Intervention: If the government sees the case as strong and well-documented, it is more likely to intervene, significantly increasing the chances of success.

Protecting Whistleblower Rights

• Anti-Retaliation Protections: Whistleblowers are often employees or insiders, making them vulnerable to retaliation by employers. Our legal counsel can help:
  • Enforce whistleblower protections under the FCA.
  • File separate lawsuits for damages in cases of retaliation.
• Confidentiality: Counsel ensures the whistleblower’s identity remains protected during sensitive stages of the case.

Handling Government Interaction

• Managing Communication: We act as a liaison between the whistleblower and government investigators, ensuring that communication is consistent and legally sound.
• Responding to Inquiries: Our attorneys guide whistleblowers on how to respond to government subpoenas, interviews, or requests for additional information.

Mitigating Personal and Professional Risks

• Minimizing Retaliation: We advise on strategies to report fraud while protecting the whistleblower’s employment and reputation.
• Risk Assessment: Our attorneys help evaluate the risks of pursuing the case, including potential counterclaims or reputational harm.

Securing Maximum Financial Rewards

• Calculating Recovery Shares: Counsel ensures the whistleblower receives the maximum allowable share of the recovery (15-30%) based on their contribution and whether the government intervenes.
• Negotiating Settlements: In cases where settlements occur, legal representation ensures the whistleblower’s interests are protected and fairly compensated.

Pursuing the Case Independently if Necessary

• When the Government Declines to Intervene: If the DOJ declines to take over the case, the whistleblower can still proceed independently. Having skilled legal counsel is crucial for:
  • Building a strong case without government resources.
  • Presenting evidence and arguments effectively in court.

Managing Parallel Proceedings

• Civil, Administrative, and Criminal Overlaps: Qui tam cases often involve overlapping investigations or proceedings. Legal counsel ensures the whistleblower’s interests are aligned with these processes.
• Defending Against Counterclaims: Defendants may file defamation or breach of confidentiality claims, which legal counsel can address.

Enhancing the Credibility of the Case

• Professional Advocacy: A well-represented case is taken more seriously by the DOJ and the court.
• Strategic Expertise: Our experienced qui tam attorneys understand the nuances of whistleblower law and are familiar with the DOJ’s priorities and processes.

Consequences of Proceeding Without Counsel

• Procedural Errors: Filing mistakes can lead to dismissal or weaken the case.
• Inadequate Protection: The whistleblower may be exposed to retaliation or reputational harm without proper legal safeguards.
• Reduced Rewards: Lack of expertise may result in a lower recovery share or missed opportunities to strengthen the case.

However, if the government or a private party has already filed a False Claims Act lawsuit based on the same evidence, you cannot bring a lawsuit. Want to learn more about this and how we can help you? Complete our form for a free consultation.