April 18, 2018 False Claims Act Information
Qui Tam Lawsuits
What is a Qui Tam Action?
Whistleblower/qui tam cases are a type of lawsuit whistleblowers bring under the False Claims Act (“FCA”). They are a powerful way for qui tam whistleblowers to help the government stop many types of fraud and recover money that has been stolen from the U.S. Treasury and taxpayers.
The FCA rewards whistleblowers whose False Claims Act qui tam actions recover government funds and provides job protection to qui tam whistleblowers because of the professional and personal risks they take in filing the qui tam complaint.
Because of these risks, it’s important to know whether you have a good qui tam whistleblower case before taking action. If you are considering reporting fraud against the government, make sure you meet the following criteria:
- You have personal or first-hand knowledge of the wrongdoing.
- You have documents that confirm the illegal activities.
- There is a significant amount of money at stake.
- The qui tam claim falls within the applicable statute of limitations.
If your potential False Claims Act qui tam action covers all of these bases, it’s time to hire a qui tam lawyer. The whistleblower system is complicated, so you want to make sure you hire someone with experience who will help you navigate.
Types of Qui Tam Lawsuits
- Healthcare, Pharmaceutical, & Medical Device Fraud
- Medicare and Medicaid Fraud
- IRS Tax Fraud
- Defense Contractor Fraud
- Securities and Commodities Fraud
- Other Fraud Types
As the chart above shows, the majority of False Claims Act qui tam cases filed involve healthcare fraud; in other words, the primary focus on qui tam litigation has been Medicare and Medicaid fraud. Additionally, Department of Defense, including defense contracting fraud against the government, make up 19% of the qui tam complaints filed. “Other” qui tam claims may involve financial fraud and mortgage fraud, which rose in correlation with the economic downturn starting in 2008.
Importance of Government Intervention in Qui Tam Actions
The government intervenes in approximately 20% of cases brought by False Claims Act qui tam attorneys. From 1987 to 2010, approximately 95% of the qui tam suits in which the government intervened were settled or received a favorable judgment.
Of these successful cases, qui tam whistleblowers are compensated around 10 percent to 30 percent of the amount the government recovered. The percentage the whistleblower receives is higher if the government does not intervene; however, the overall recovery is usually higher when the government intervenes.
Berger Montague’s Qui Tam Lawyers
The attorneys in Berger Montague’s Whistleblowers, Qui Tam & False Claims Act practice group have assisted our clients in recovering more than $3 billion for federal and state taxpayers. Whistleblower clients represented by Berger Montague in federal and state courts have been awarded over $500 million.
Berger Montague understands that the focus of our work starts and ends with the whistleblower. We begin the process by taking the time to get to know our potential clients. First, we explain to each potential client the advantages and disadvantages of being a qui tam whistleblower. We explain the process of filing a qui tam complaint and ensure they have a basic understanding of the qui tam whistleblower provisions and whistleblowers laws.
If the potential client is prepared to move along, we start a detailed investigation of the alleged fraud on the government, including, but not limited to: reviewing all relevant documentation, conducting multiple interviews, and consulting with various specialists, if need be.
A vital step to success in False Claims Act qui tam cases is to receive the government’s interest. State and federal prosecutors listen to hundreds of whistleblower complaints every year. If a whistleblower’s qui tam claim has been thoroughly investigated and is not presented to the government in a favorable way, a case with substantial promise may not receive the attention it deserves from the government.
After the initial investigation, our qui tam attorneys prepare and file a detailed complaint, positioned to receive the federal and state government’s interest in moving on with the qui tam suit.
Contact Us to Learn More
Do you need a Whistleblower Lawyer or want to know more information about Qui Tam Law and your rights under the False Claims Act?
There are three easy ways to contact our firm for a free, confidential evaluation with one of our whistleblower attorneys:
- Fill out the contact form on this page.
- Email [email protected]
- Call (844) 781-3088
Your submission will be reviewed by a Berger Montague False Claims Act qui tam attorney and remain confidential.