Filing a qui tam lawsuit under the False Claims Act is not a simple process, but it is an important way to expose fraud against the government while protecting your rights. If you are thinking about moving forward as a whistleblower, it helps to be familiar with the process and what to expect along the way.
Understanding the purpose of a qui tam lawsuit
The False Claims Act allows private individuals, known as relators, to file lawsuits on behalf of the federal government when they have evidence of fraud. This often involves areas like Medicare and Medicaid billing, tariffs and procurement, defense contracting or government grants. Successful claims can result in significant recoveries for the government and a percentage award for the whistleblower.
Stage 1: The process begins with gathering evidence
Stage 2: The process begins with a confidential filing
When you file a qui tam case, the complaint is kept under seal. This means it is not made public, and your employer or the target of the investigation will not immediately know about it. The complaint is filed in federal court and served only on the U.S. Department of Justice (DOJ) and any relevant State Attorney General Offices.
Stage 3: The government conducts an investigation
Once filed, the DOJ and, sometimes, other federal agencies investigate the allegations. The will interview you. review documents, and interview other potential witnesses. The investigation normally takes a year or more. During this time, you should be prepared for ongoing communications with your attorney to respond to government information requests and other assistance. The investigation period can take months or even years. During this time, you should be prepared for ongoing requests and communication from investigators.
Stage 4: The government decides how to proceed
After investigating, the government decides whether to “intervene” in your case. If the government intervenes, it takes the lead in prosecuting the lawsuit, though you remain involved as a relator. If the government declines, you may still move forward with the case on your own, though that path can be more challenging.
Stage 5: The case concludes with a potential award
If the case is successful, you as the whistleblower are entitled to a portion of the recovery. You may receive 15% to 25% when the government intervenes and up to 30% if you proceed on your own. In addition to financial rewards, the False Claims Act also provides protections against retaliation, such as wrongful termination or harassment.
Moving forward with confidence
A qui tam case is a serious legal action that requires patience and persistence. You should expect the process to be detailed, lengthy and confidential in its early stages. Knowing the steps ahead can help you prepare and protect yourself as you move forward.