Filing a False Claims Act Whistleblower Lawsuit using Experienced False Claims Act Lawyers and Qui Tam Attorneys
If you have evidence of fraud being committed against the federal government, and are considering filing a whistleblower lawsuit, it is in your best interest to seek the advice of a qui tam attorney. Retaining a team of experienced False Claims Act lawyers is the best way to ensure all of the Act’s whistleblower procedures for filing qui tam lawsuit are followed. Failing to follow the whistleblower rules set forth in the False Claims Act could jeopardize any reward you could receive, and rob you of the protections offered by the Act’s whistleblower provisions.
Procedures for Filing
Any individual or entity with evidence of fraud against federal programs or contracts may file a qui tam lawsuit. However, if the government or a private party has already filed a False Claims Act lawsuit based on the same evidence you intend to provide, your lawsuit will be barred.
Under the False Claims Act, a qui tam action must be confidentially filed under seal in federal district court in accordance with the Federal Rules of Civil Procedure. At the same time, the whistleblower must also file a copy of the complaint, along with a confidential disclosure statement which contains all of the evidence in their possession, with the U.S. Department of Justice (DOJ), generally the U.S. Attorney for the whistleblower’s district. The complaint will stay under seal for at least 60 days, while the DOJ investigates your claim. While it remains under seal, the whistleblower’s identity will be kept confidential.
At the end of the 60 days, the DOJ will take one of three actions:
- Intervene in the whistleblower lawsuit and prosecute the suit on behalf of the United States;
- Decline to intervene, but allow the whistleblower and their attorney to proceed in prosecuting the suit;
- File a motion to dismiss if the DOJ feels the lawsuit has no merits.
Having an experienced whistleblower attorney on your side when you file can make the difference between a successful qui tam claim and one that is dismissed by the government. If your whistleblower lawsuit is presented to the DOJ by a lawyer, the government will know that your attorney has done a thorough investigation of your claim, and has faith in the evidence you provided. Thus, the government will be far more likely to intervene in your lawsuit. According to TAF, the DOJ joins only about 25 percent of qui tam cases. However, the cases the DOJ does participate in are settled or won over 90 percent of the time. If the government turns down a qui tam case, the odds of success drops to around 20 percent.
Legal Help for False Claims Act Whistleblowers
The False Claims Act whistleblower lawyers at Gilman Law LLP have successfully assisted honest citizens in multiple industries file qui tam lawsuits against contractors and others who have defrauded the federal government. If you are thinking of becoming a qui tam whistleblower, our experienced whistleblower attorneys will make sure you receive all of the protections afforded by the whistleblower provisions of the False Claims Act , and will do everything necessary to ensure you recover the maximum whistleblower reward possible. For a free and confidential evaluation of your possible False Claims qui tam case, please fill out our online form or call Toll Free at 1-888-252-0048.