Qui Tam Lawsuits
How the law works
The False Claims Act allows people to file “qui tam” lawsuits or more commonly known as a qui tam Federal whistleblower lawsuit against individuals or companies that have directly or indirectly defrauded the federal government whether or not. Through qui tam lawsuits or federal whistleblower lawsuits, whistleblowers may recover the government’s losses on the government’s behalf. Tax fraud cases including tax fraud cases are handled differently. For more information about rewards for whistleblowers in cases involving federal tax fraud or tax underpayments, see information about the new IRS whistleblower law .
Many people who file qui tam lawsuits or federal whistleblower lawsuits (called the “relators”) are employees or former employees of companies that commit fraud. But anyone who knows of an instance where the government has paid false claims can file a qui tam or whistleblower lawsuit. That could be, for example, a competitor, a customer, a subcontractor or even a patient.
Qui Tam lawsuits False Claims Act cases and procedures are unique, and a specialized knowledge of the law can be very helpful in getting a successful outcome for a qui tam lawsuit.
The relator files the Qui Tam lawsuit in a federal court "under seal,” meaning that it is not available to the public, nor can it be discussed with anyone, except of course the government officials actually investigating the case. Even the defendants in the case -- the individual, company or organization charged with committing the fraud -- are not told about the lawsuit. This gives the government time to investigate the fraud allegations without alerting the defendant. The seal initially lasts for 60 days. But these seals on Qui-Tam or whistleblower lawsuits often can be routinely extended for one or two years or even longer under circumstances while the government continues to investigate.
At the end of the sealed investigative period, the government decides whether to join, or intervene, in the qui tam lawsuit. If the government joins the case, the litigation is conducted jointly by the government and the whistleblower’s attorney Federal court, with the government as lead counsel. If the government declines to intervene, the relator may go forward with the lawsuit and assumes primary responsibility for running the case.
The timing of a qui tam lawsuit can be critical. The first person to file a case under the False Claims Act for a particular fraud preempts all other cases. So if you plan to bring a case, it is important to do so before another whistleblower beats you to the courthouse. Potential qui tam lawsuit whistleblowers also should keep in mind that the False Claims Act has a statute of limitations that may be as short as six years.
The qui tam lawsuits law stipulates that a liable defendant pay three times the government’s losses plus a fine for each false claim. When settling a qui tam lawsuits case, the government often agrees to forego the civil penalties and accepts two to three times the amount of damages suffered by the government. The qui tam lawsuits defendant also must pay the fees and the case-related expenses of the whistleblower’s attorney.
Under the False Claims Act, qui tam whistleblowers are entitled to 15 percent to 30 percent of whatever amount the government recovers as a result of their qui tam or qui tam whistleblower lawsuits. The amount varies, depending on whether the government intervened in the Wisconsin qui tam case and other factors.
Congress decided to give qui tam whistleblowers in all states a share of the recoveries that result from qui tam lawsuits or federal whistleblower lawsuits filed to give people a strong incentive to step forward and take the personal and professional risks involved in reporting fraud. It also wanted to encourage private law firms to risk their resources in litigating cases on the public’s behalf.