The Process of a Qui Tam Lawsuit

Whistleblower law firms

Qui tam lawsuit procedures are civil suits that a whistleblower can file under the False Claims Act. A reward is offered to a whistleblower if the qui tam lawsuit procedure team is able to recover any funds for the government. Being able to help the government is a just and noble cause and qui tam cases do just that. Simply put, whistleblower cases aid the government in stopping any kind of fraudulent activity whether it be in the medical field, independent contractors and other types of fraud that has an impact financially on the government itself. Billions that were stolen the taxpayers and the U.S. Treasury can be recovered and whistleblower policy is that they are then rewarded.

Part of the qui tam lawsuit procedure is to offer whistleblower protection. When someone ‘tells on’ someone else for fraudulent activity, it can put them in danger. Not just them but their families and depending on the case, patients, soldiers or other people. Protection is a necessary part of the procedure in order to make sure that no one retaliates against the whistleblower or their families. This is when witness protection can come in handy, especially is the whistleblower is assisting to recover a large amount of money.

If you think that you have proof of fraudulent activity that is happening against the government and you want to bring it the authorities, you will need a whistleblower attorney to represent you. Make sure that you properly research what you need in a lawyer and hold extensive interviews before settling on a hiring decision. How that lawyer works for you is going to be the hinge pin to success. You’ll want a lawyer that is experienced is such cases, reputable in the industry and empathetic to your cause. They have to believe in you. If your lawyer doesn’t believe in you, a judge and jury surely never will. The problem here is that if your lawyer does not offer you protection and you have already blown the whistle, you could be putting yourself and your family in danger. Your lawyer will also be the one who determines if you’ll be getting a reward as the end of the case and how much you will be getting.

If you want to sue an individual or a business that is committing fraud against the government, you are able to, under the False Claims Act. A qui tam lawsuit procedure is kept sealed so that no one is able to see it except the government. This is so that the Justice Department is able to investigate the charges without anyone knowing what is going on. The person or business that is being sued is not told about the case in the beginning. It does not become an official case until the allegations can be investigated and seen to be true. Then the business or individual that is committing the fraudulent activities is informed of the lawsuit. Under the False Claims Act, the case has to be sealed for a total of 60 days and kept secret from everyone. Sometimes, the courts will extend the time of the seal in order to give the government the time that it needs to look into everything that they need to.

After the initial investigation, the government can ask the courts to only partially lift the seal on the lawsuit so that they can meet with the individual or business that is being accused. They can then discuss the accusations that are being made against them and come to an agreement or settlement without having to go through a court trial at all. The most successful type of qui tam case is resolved in the settlement stage without reaching a court. If someone is found at fault under the False Claims Act then they may be required to pay a fine that is up to three times the amount that they have stolen from the government.

How much the whistleblower gets depends on many things from the quality of the case, to the attorney’s work and more. If the government settles, the whistleblower usually ends up with about 15% to 25% of the recovery. If the case goes to court then they will end up with 25% to 30%.

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