Skilled Qui Tam Lawyers Representing Whistleblowers Nationwide
If you are a healthcare worker, billing coder, compliance officer or contractor employee, qui tam refers to a legal provision under the False Claims Act that allows you to sue wrongdoers in the name of the federal government for fraud. Understanding the concept and how it works can educate you on your legal options.
At Fischer Legal Group, we can help you assess whether your recent encounter with a fraudulent scheme qualifies as a qui tam case. For over 20 years, we have represented whistleblowers nationwide.
What Does “Qui Tam” Mean? Defining The Term For Better Understanding.
Qui tam is a shortened Latin expression that means “for the sake of the king.” This concept comes from medieval English common law, serving as a rule for citizens to report wrongdoers in place of the monarchy. The American colonies adopted qui tam practices through the False Claims Act.
How Qui Tam Works With The False Claims Act
The False Claims Act is a federal law that outlines the standards for qui tam actions. Under this law, private citizens (called relators) standing in for the government can file lawsuits against those committing fraud against the government.
You file your case in the appropriate federal District Court. Its status remains under seal or confidential, meaning only you, your attorney, and the government know about it. The relevant individual or company that you have accused of fraud will not know you filed an action against it. Within 60 days, the Department of Justice will investigate your complaint and assess whether to step in and participate. Depending on the case’s complexity, the government may request an extension of the investigation. These time periods are almost always extended for a significant amount of time.
If the government decides to go forward with the case, and wins, you can receive 15% to 25% of the settlement award. If the government refuses to intervene and you successfully pursue the case with your attorney, you are entitled by statute to receive between 25% and 30% of the proceeds recovered.
Qualifications For Filing A Qui Tam Lawsuit
While the False Claims Act has a whistleblower provision, not all who come forward can bring a qui tam case. To qualify, you must meet these requirements:
- Possessing original information: You can be a private relator, as long as your data is authentic and fresh. Information gathered from public news sources do not count.
- Filing about the fraud first: You are the first person to file a complaint about the specific fraudulent activity. If someone else took action, the court can bar subsequent claims.
Successfully filing a qui tam action requires concrete evidence showing that false claims were knowingly presented to the government. Even if you are not a U.S. citizen, you may still be eligible to file a claim.
Types Of Fraud That Qualify Under The False Claims Act
Any cases involving charging the government for more than it provided or requesting payment for nonexistent orders can qualify under the False Claims Act. Examples can include but are not limited to:
- Medicare and Medicaid fraud: Insiders who work closely with healthcare providers and businesses can report acts of double billing, code manipulation and unnecessary procedure orders.
- Defense contractor fraud: Contractors, engineers and defense industry workers can expose schemes like using defective materials while billing for medical-grade items.
- Government contractor fraud: Anyone with firsthand knowledge of bid rigging, paying illegal kickbacks or charging for phantom work can be a whistleblower.
When filing a qui tam claim, proving that the suspect committed the fraud with actual knowledge is important.
Why The Government Relies On Qui Tam Whistleblowers
Whistleblowers play a significant role in maintaining integrity. They have first-hand experience of knowledge of dishonest practices that federal agencies cannot uncover on their own. Employees, contractors and other types of insiders can easily identify anomalies that may lead to a large and long-term scheme.
While the qui tam provision serves as a pathway for relators, it also offers financial incentives for successful cases. Because of this model, the federal government has recovered over $85 billion worth of taxpayer money since 1986. Additionally, whistleblowers receive protection from retaliation arising from whistleblowing activities.
Seek Reliable Guidance Through A Confidential Consultation
You may have witnessed fraud, and we can help you take legal action. If you want to learn more about the qui tam case filing process, you are welcome to reach out or review our Qui Tam process guide. When you are ready to discuss your situation, call 212-577-9231 or send an online contact form.