How is a False Claims Act Suit Filed?
Explained by a Whistleblower Attorney
If you possess insider information about a government contractor knowingly making false claims to defraud the federal government, your first action should be to contact an experienced whistleblower lawyer at the law firm of Mike Love & Associates. The False Claims Act is complicated and the procedures for filing successful suit under the act can be difficult to understand. At Mike Love & Associates, we are experienced in representing whistleblowers and can guide you through the entire process while working to ensure your confidentiality and to maximize your compensation.
Complaint and Written Disclosure
A whistleblower, referred to as a “relator” under the False Claims Act, must first file a formal complaint in a United States District Court. The formal complaint details the allegations against the government contractor and is filed in camera, or under seal, in order (a) to help ensure whistleblower protection and (b) to prevent the dishonest contractor from learning that a complaint has been filed. The Department of Justice will diligently review and investigate the complaint and then decide whether it will pursue the action.
In addition to filing a formal complaint, whistleblowers are required to provide a comprehensive written disclosure statement to the Department of Justice. The disclosure contains pertinent facts and information about the fraud and describes, in detail, the evidence you possess that will help prove the allegations.
Determination
At the end of its investigation, the Department of Justice will issue a determination under which it:
- Elects to intervene in one or more counts of the action,
- Declines to intervene, or
- Moves to dismiss the complaint
Impact of Determination
If the Department of Justice chooses to intervene, whistleblowers are able to continue the action with the backing of the federal government. If, in the alternative, the Department of Justice chooses not to intervene, the whistleblower may continue the action in the government’s stead, under a doctrine known as Qui Tam under common law. The likelihood of government intervention increases in cases with larger dollar claims or in cases with fully documented evidence. In general, a whistleblower can expect to receive compensation in the range of 15 to 30 percent of the government’s total recovery.
Contact an experienced whistleblower lawyer today to assist you in filing a successful False Claims Act suit against a dishonest government contractor.