False Claims Act/Qui Tam/Whistleblower
What is Qui Tam Litigation?
The federal False Claims Act allows whistleblowers – private citizens – to file lawsuits on the federal government’s behalf to recover damages and penalties from individuals and companies that have defrauded the government. In return, whistleblowers (also known as relators) generally receive from 15 to 30 percent of the government’s recovery in a successful action. Thus, individuals with knowledge of fraud are in a unique position to assist the government and protect federal spending of taxpayer dollars, while also receiving a substantial reward for their efforts. In addition to the federal False Claims Act, many states and several local governments have enacted their own false claims acts that pertain to fraud against those state and local government entities.
Healthcare Fraud, Tax Fraud, Securities Fraud, and Other Fraud
For nearly two decades, Berger Montague’s Whistleblower, Qui Tam & False Claims Act practice group has represented whistleblowers in matters involving all types of fraud committed against government entities – in areas such as healthcare fraud, defense contractor fraud, tax fraud, securities fraud, and commodities fraud, helping to recover more than $3 billion in damages for federal and state governments.
For their services and information, our whistleblower clients have received more than $500 million in awards. Because successful whistleblowers also recover their reasonable attorneys’ fees and costs from defendants, and Berger Montague represents whistleblowers on a contingency fee basis, we only get paid if the lawsuit is successful, and a whistleblower does not owe us any money out of pocket.
Qui Tam Cases Require Experienced Qui Tam Lawyers
Qui tam actions are not cookie-cutter litigation. There are confusing and demanding procedural requirements, which can tank a case if not properly followed. These cases are often highly complex and time-consuming, sometimes taking years to resolve. It is critical for whistleblowers to have experienced, battle-tested qui tam lawyers on their side. The attorneys in Berger Montague’s Whistleblower, Qui Tam & False Claims Act practice group have represented whistleblowers for decades in a wide variety of cases in federal and state courts across the country. We pride ourselves on our close working relationships with our clients, dealing with the often difficult issues that arise once someone decides to blow the whistle on a current or former employer or even against a company or individual with which the whistleblower has a different relationship.
Longstanding Working Relationships with Government Attorneys
Berger Montague has established and maintained effective working relationships with dozens of government prosecutors and investigators within the United States Department of Justice, local federal prosecutors in United States Attorneys offices, and State Attorneys General offices from coast to coast. During the course of qui tam proceedings, we interact with those prosecutors on an ongoing fashion, from initially introducing our cases and clients to providing whatever assistance is needed with investigation, discovery, legal research, consultation with experts or trial.
Qui tam cases can stretch on for years and require a substantial investment of resources. For the whistleblower, this involves varying amounts of time and assistance through the process, as well as the perseverance to monitor the case throughout this time period. For the law firm, there is typically a large investment of time and resources, to properly staff a case, pay travel and discovery expenses, retain consultants or experts, and possibly take the case to trial. Many law firms that handle qui tam cases are much smaller than ours and are not as well-equipped to handle the substantial expenses involved in filing, litigating and resolving Whistleblower/Qui Tam fraud cases. In some cases, whistleblower litigation expenses can add up to millions of dollars, which our Firm will advance and seek to collect upon successful resolution of the action. If a case is not successful, however, our clients do not owe us anything.
Because of Berger Montague’s size and excellent track record, we are able to aggressively litigate such cases and make the investment needed to enhance the likelihood of a successful outcome. We currently have seven attorneys who perform qui tam work full-time, in addition to several attorneys who perform this work as a substantial component of their overall responsibilities at the firm. Most importantly, Berger Montague’s qui tam lawyers have the requisite specialized understanding of the unique provisions of federal and state qui tam laws.
Close Client Relationships and Confidentiality
Berger Montague’s approach in qui tam representation involves cultivating close, productive attorney-client relationships with the maximum degree of confidentiality for our clients. Our goal is for each of our clients’ experience as a whistleblower working with our firm and the Government to be as positive and fulfilling as possible. We make ourselves available at times that fit your schedule and will reach out to you as often as needed to make sure that you understand any complications, victories, setbacks or delays, as well as to consult with you about significant strategy decisions. There are almost always bumps and jolts along the path from an initial inquiry until a final resolution of your case, and we are fully committed to sticking with you and supporting you along that entire journey.
No Fees Without Recovery
Berger Montague’s Whistleblower, Qui Tam & False Claims Act practice group litigates cases on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.
Contact a Whistleblower Lawyer
Do you need a whistleblower lawyer or do you want to know more about qui tam law?
There are three easy ways to contact our firm:
Your information will remain confidential while we evaluate your potential claims and we will work with you to protect your rights.