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Top mistakes to avoid when filing a qui tam case

On Behalf of | Jan 23, 2025 | Qui Tam Cases

When you witness fraud against the government, speaking up isn’t just right—it’s crucial. The government relies heavily on whistleblowers like you to uncover and stop fraudulent activities, especially in Medicare and Medicaid contracts.

While taking this brave step deserves praise, how you handle your qui tam case can make the difference between success and failure.

Sharing details with the wrong people

One of the most damaging mistakes you can make is discussing your case with anyone other than your attorney. Even casual conversations with trusted friends or family members may jeopardize your case.

Remember, qui tam cases must remain under seal. Breaking this confidentiality might void your claim or reduce your potential reward.

Acting without proper documentation

Before filing your case, you need strong evidence to support your claims. Taking action based on suspicions alone, without gathering proper documentation, can significantly weaken your position. Make sure you have specific examples, dates and details that clearly show the fraudulent activity.

Going public too soon

The temptation to expose wrongdoing on social media or to journalists can be strong. However, making your case public before following proper legal procedures could destroy your chances of success. Moreover, it can eliminate your right to receive the whistleblower reward.

Waiting until it’s too late

Perhaps the most devastating mistake is waiting too long to take action. The statute of limitations and the first-to-file rule in qui tam cases mean timing is crucial. If someone else reports the same fraud before you—or if you wait beyond the legal time limit—you could lose your right to pursue the case entirely.

Protecting your rights and your case

Certain missteps can derail even the strongest qui tam case. It can sometimes even put you on the wrong side of the law. That’s why it helps to consult an experienced qui tam attorney before taking any action. They can provide the guidance you need to protect your rights, strengthen your case and improve your chances of securing both justice and your reward.