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The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

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The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

The False Claims Act

 Overview of the False Claims Act

Of all the whistleblower laws, the federal False Claims Act is easily the most popular. The False Claims Act was enacted during the civil war by Abraham Lincoln as a fraud prevention measure.  This whistleblower law imposes civil (monetary) liability on individuals and companies who submit false claims to the federal government, and/or through their conduct cause others to submit false claims to the government.

What is Qui Tam?

Whistleblower lawsuits filed under the federal False Claims Act are known as “qui tam lawsuits.” Whistleblower lawsuits are called this because of the qui tam provision of the civil False Claims Act.  The qui tam provision allows a private citizens to bring a lawsuit on behalf of the federal government against those who have defrauded the government and its programs. Basically, the civil False Claims Act’s qui tam provision deputizes whistleblowers and their whistleblower attorneys to recover funds on behalf of the federal government. Indeed, even in cases where the federal government decides not to intervene (i.e. join the lawsuit) the qui tam provision allows a private party to push forward with the litigation.

Obviously, and similarly to almost every other whistleblower law, those who are found civilly liable under the federal False Claims Act must repay all monies it fraudulently obtained. In addition, the federal False Claims Act penalty provision allows the government to recover treble damages (i.e. triple its losses) and imposes a civil penalty of $5,500 to $11,000 for each false claim submitted.

Of all the whistleblower laws, the civil False Claims Act has been one of the federal government’s most effective tools in combating fraud, especially health care fraud and abuse. Whistleblowers and whistleblower attorneys have worked with the federal government to recover billions of dollars through whistleblower’s qui tam lawsuits under the civil False Claims Act.

The Whistleblower’s Reward Under the False Claims Act

The whistleblower reward varies depending on the whistleblower law which covers the particular government fraud in questions. For example, the whistleblower reward under the Internal Revenue Service’s whistleblower law differs from the whistleblower reward received under the Securities and Exchange Commission’s whistleblower law.

In qui tam lawsuits under the civil False Claims Act, whistleblower rewards are a percentage of whatever the government recovers. This percentage is derived from the total amount recovered, which includes the federal False Claims Act penalties mentioned above.

There are two types of qui tam lawsuits.

The first is a government intervention qui tam lawsuit. In a government intervention case, the federal government assumes the primary role prosecuting the case on behalf of the federal government. Under the federal False Claims Act, Whistleblower rewards are 15% to 25% of the total recovery in government intervention cases.

The second type of qui tam lawsuit is a non-government intervention case. In a non-government intervention case, the government declines to assume a role litigating the case. If the government elects to intervene, the whistleblower and his or her whistleblower attorneys must decide whether to dismiss the case or litigate without the federal government. If a whistleblower decides to pursue a non-government intervention qui tam lawsuit, the whistleblower reward is between 25% and 30% of the total recovery.

The decision of whether or not the government will intervene is based on a variety of factors and is very important to the whistleblower’s lawsuit, as explained in more detail below.

The False Claims Act Statute of Limitations

The federal False Claims Act statute of limitations for qui tam action provides that a federal whistleblower’s lawsuit shall not be brought:

  1. More than six years after the False Claims Act Violation occurred; or
  2. More than 3 years after the government officials responsible for enforcement of the False Claims Act in such circumstances learn the material facts of the violation, but the action may never be filed more than ten years after the False Claims Act violation.

Filing a Whistleblower Lawsuit Under the False Claims Act 

As stated above, whistleblowers and whistleblower attorneys may bring lawsuits on behalf of the federal government through the qui tam provision of the federal False Claims Act. Qui tam lawsuits are filed in United States District Court. Unlike almost all other civil complaints filed in federal court, a qui tam complaint is filed under seal.  This means that existence of the qui tam case is not publically available and the complaint is not served on the defendant.

The federal False Claims Act provides that the complaint shall remain under seal for at least 60 days. However, the seal may be extended to allow the government to investigate the whistleblower’s allegations and decide whether government intervention is appropriate. In practice, the United States typically requests several extensions of the seal. Qui tam cases typically remain under seal for at least one year while the government fraud is being investigated. These requests are normally granted by the District Court.

The seal protects confidentiality while the government investigates the fraud alleged by the whistleblower. This allows the federal government to investigate allegations such as fraud and abuse in the health care system without the defendant knowing it is being investigated. Unlike other types of civil lawsuits, whistleblower laws typically require confidentiality to assist the government’s investigation.

After the qui tam complaint is filed, the government will want to interview the whistleblower. The whistleblower is accompanied by his or her attorney at this meeting. After the meeting is complete, the government will begin its investigation into the whistleblower’s allegations.  During the investigation stage, the whistleblower’s attorney will be in contact with the federal government and assist them in their investigation.

After the federal government has completed its investigation, it will decide whether or not government intervention is appropriate. If the federal government decides to intervene, it assumes the lead role prosecuting the qui tam action.  If the government determines government intervention is not appropriate, the whistleblower and the whistleblower’s attorney must decide whether to prosecute the case without the federal government or to dismiss the case completely.

The decision of whether federal government intervention is very important in a whistleblower lawsuit under the civil False Claims Act. As past government fraud cases demonstrate, recovering is much more likely when government intervention occurs. This is so because when the government assumes the lead role in a whistleblower lawsuit, companies are much more willing to resolve the case before litigation. Indeed, whistleblowers receive awards at a significantly higher rate in qui tam cases where there was government intervention than in those cases where the government declines to intervene.

No Fees Without Recovery

The Law Offices of Ross M. Wolfe litigates whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.

Please contact the Law Offices of Ross M. Wolfe if you would like more information about the whistleblower process or to schedule a meeting to confidentially discuss your potential case.

 

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