Frequently Asked Questions about the False Claims Act
Answered by a Whistleblower Attorney
The best way to answer questions about the specifics of your fraud case under the False Claims Act is to contact a whistleblower lawyer to set up a confidential consultation. However, we have provided some basic information about what constitutes whistleblower compensation, protection for whistleblowers and more.
What is Qui Tam?
Qui (pronounced key) tam is a provision of the False Claims Act that allows individuals with knowledge about of fraud being committed against the United States government to sue on the government’s behalf. The government has the option to intervene and join in the suit. If they decline, the individual can pursue the case independently, such as by using an attorney at Mike Love & Associates, LLC.
What actions or types of fraud are violations under the False Claims Act?
Fraud occurs under the False Claims Act when:
- Someone knowingly presents the government with a false claim or record for payment
- People conspire with others to conceal information in order to get a claim paid by the government
- Someone knowingly conceals or alters documents or contractual data to manipulate payment amounts or avoid payment to the government
Common fraud involves Medicare and Medicaid, defense contracts, and pharmaceutical cases.
Who can file a Qui Tam suit?
Anyone with evidence of fraud can file a qui tam suit. However, if the government or someone else already filed a suit on the same evidence, you cannot file suit.
What are the penalties under the False Claims Act?
If a suit is successful, violators are liable for three times the dollar amount that the government is defrauded and civil penalties of $5,000 to $10,000 for each false claim.
How much does the qui tam plaintiff receive in the settlement?
As a provision of the False Claims Act, a qui tam plaintiff can receive between 15 and 30 percent of the total recovery.
Is there a statute of limitations?
You must file a qui tam action within the following time periods:
- Within 6 years of the date of the violation or fraud
- Three years after the government knows or should have known about the fraud, within a maximum of ten years after the fraudulent action.
What legal protections are there for whistleblowers?
The False Claims Act states that:
Any employee who is discharged, demoted, harassed, or otherwise discriminated against because of lawful acts by the employee in furtherance of an action under the Act is entitled to all relief necessary to make the employee whole (Section 3730h).
This relief can include:
- Reinstatement
- Return of lost wages at a doubled amount
- Compensation for damages, including legal fees
How can I get help?
Contact a qui tam lawyer at Mike Love & Associates, LLC to get answers to specific question about the legitimacy of your case.