WHAT ARE SOME EXAMPLES OF A FALSE CLAIMS ACT WHISTLEBLOWER CASE?

When a contractor does business with the federal government, they are expected to act truthfully, just as they would with any other company or entity. This means they cannot make material misrepresentations or attempt to steal money from the government, though these incidents can be startlingly common.

The False Claims Act is designed to cover many types of fraud, including:

• Receiving payment or reimbursement from the government for a claim known to be false, fraudulent, or inaccurate
• Making or using a false record or statement that is material to an obligation to pay money to the government
• Engaging in a conspiracy to defraud the government through the improper submission of a false claim
• Concealing, improperly avoiding, or decreasing an obligation to pay money to the government

Put more simply, the False Claims Act may apply if someone knowingly pays less than what they owe to the government through fraudulent activity, accepts money from the government they know they are not owed, or attempts to extract money from the government that they have not earned through fraudulent activity. For example, a government contractor is defrauding the government if they inflate what they are owed on an invoice. A government contractor is also breaking the law if they receive more money than they know they are owed but do not call attention to the error.

Other types of dishonesty can also fall under the False Claims Act. For example, if a government contractor knowingly sells substandard or defective materials to the government, the transaction may be considered submitting a “false claim.” Courts have even found that pharmaceutical companies marketing drugs for purposes not specifically covered by the applicable FDA approvals can be held accountable through the False Claims Act.

When someone discovers any of these kinds of dishonesty, they can potentially file a qui tam lawsuit on the government’s behalf. For example, if an employee knows their employer is submitting false paperwork to Medicare to increase the money they get from the government, the employee could “blow the whistle” and take legal action under the False Claims Act. If you are not sure whether suspicious or harmful activity involving the government warrants further action, our qui tam whistleblower attorneys are happy to evaluate your situation and walk you through your options.

WHAT DOES “QUI TAM” MEAN?

“Qui tam” is an abbreviation of the phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means “he who brings an action for the king as well as for himself.”

CAN ANYONE BRING A QUI TAM LAWSUIT?

To successfully bring a qui tam lawsuit, you must be an “original source” of the information about the alleged fraud. This means you must have direct and independent knowledge of the information on which the allegations are primarily based. You must also be willing to voluntarily provide this information to the government.

In other words, you cannot necessarily bring a qui tam lawsuit if you were only told about possible fraud. If your friend works for an employer that may be engaging in Medicare fraud, for example, your friend – the employee of the company that may be perpetrating fraudulent activity – probably qualifies to file a qui tam lawsuit, not you.

An employee, contractor, or even a competitor could choose to “blow the whistle” upon discovering possible fraud perpetrated against the government. Public interest groups who act as watchdogs and seek to limit government waste may also take legal action.

WHAT DOES QUI TAM LITIGATION ENTAIL?

In qui tam litigation, the whistleblower – who must be a private citizen unaffiliated with a government entity – files a lawsuit against the company that is defrauding the government. The government may choose to join the lawsuit after a subsequent investigation.

The qui tam lawsuit will be kept secret while the case is built. During this process, legal representatives protect the whistleblower and help them submit evidence and case documentation to the relevant government authorities. If the whistleblower prevails, they typically receive a percentage of the recovery as a “thank you” for their efforts.

In many instances, criminal charges may be brought against the defendant if the government intervenes in the case, as violations of the False Claims Act tend to also violate criminal laws. Should this occur, the case is typically out of the whistleblower’s hands.

WHAT KIND OF PROTECTION EXISTS FOR WHISTLEBLOWERS?

Under the law, whistleblowers receive numerous protections after they call attention to potentially fraudulent activity and file a qui tam lawsuit. Specifically, an employer may not retaliate or discriminate against a whistleblower for bringing a claim against them. This does not mean unlawful retaliation or discrimination does not occur, unfortunately, which is why you consider retaining experienced legal representation before moving forward with a qui tam case. You should immediately discuss your case with our qui tam whistleblower lawyers if are wrongfully terminated or are treated adversely after blowing the whistle.