The False Claims Act allows private individuals to bring a whistleblower lawsuit on behalf of the government. To succeed on one of these claims, you have to demonstrate that the defendant knowingly presented a false or fraudulent claim to the government with the intent of securing payment from the government. For example, a nurse working at a hospital could file a lawsuit under the False Claims Act if she discovers that the hospital is intentionally overbilling Medicaid or Medicare for services provided to patients. If the private individual is successful on their claim, then they can recover a portion of the overall the judgment. Depending on the facts at hand, this could be a significant sum.
However, proving a case under the False Claims Act can be tough. One reason is because the evidence needed to support a claim is difficult to obtain. You may not have access to all internal records that demonstrate wrongdoing, and trying to secure them yourself can put you at a heightened risk of retaliation and job loss. That’s why in this post we want to look at what you can do to ensure the proper documentation is gathered to support your False Claims Act case.
How proper documentation is gathered in a False Claims Act case
Although the government can help you gather documentation through the discovery process once your case is filed, you need as much evidence up-front as possible to convince the government that your case is worth pursuing. Here are some considerations to take into account as you think through the best way to gather documentary evidence to support your case:
- Only gather evidence if it is legal and safe to do so: When gathering documentary evidence, you should only look for records that you’re authorized to access and that you can legally copy. You should be targeted in the documentation you secure, too, so that if questions arise later, it’s clear that you were only making copies of the documentation to show the fraud in question.
- Know where to look: Sure, emails are oftentimes telling, but there are probably other places you can look for compelling documentary evidence. This could include internal chat systems like Microsoft Teams, invoices and contracts. Though it may be tempting to access sensitive information like patient records, you should be incredibly careful here so that you don’t violate state and federal laws.
- Take notes: If you can’t safely and legally make copies of the records needed to build your case, then simply take notes of what you’ve seen so that you can effectively describe them in your filing. This will give the government an idea of where to look for those records and what they need to request through the discovery process.
Remember, once you file your case, the government may issue subpoenas to compel the release of documentation that’s key to your case. They can also send Civil Investigative Demands that can also compel the release of key records. Their efforts here can be heightened if they choose to intervene in your case.
A False Claims Act case can take time to build, leaving you coping with long-term stress and uncertainty. While that might give you pause as to whether you should actually pursue your legal claim, take comfort knowing that you can more easily navigate the process by having a legal ally in your corner. By securing assistance, you’ll hopefully be able to right a wrong in society while protecting your own long-term interests.