Question 1

What is a qui tam lawsuit?

Accepted Answer

A Qui Tam lawsuit is a suit brought forward by a whistleblower under the federal False Claims Act or a similar state-specific statute, like the Texas Medicaid Fraud Prevention Act. These laws were created to help catch businesses, such as hospitals, laboratories, and pharmaceutical or construction companies, who are fraudulently collecting money from the federal government. Fraud can take many forms, such as paying or receiving kickbacks, overcharging, billing for goods or services that were not provided, and falsifying eligibility for participation in programs involving state and federal funds etc.  In a Qui Tam case, the whistleblower is rewarded when the government is able to successfully recover money paid to a business in a false claim.

Question 2

Who can file a qui tam lawsuit?

Accepted Answer

Subject to a few exceptions, a person who has personal knowledge of conduct that has resulted in fraud against the government can bring a Qui Tam lawsuit under the federal False Claims Act or state-specific whistleblower statute.  The state or federal government may then elect to intervene in the case and manage its prosecution.  If the government does not elect to intervene, the whistleblower (called a ”Relator”) may pursue the case privately with counsel.  If money is recovered from the defendant, the Relator receives a percentage of the amount recovered.

Question 3

How is Qui Tam pronounced?

Accepted Answer

It is pronounced kee tam.

Question 4

Do I need an attorney to file a whistleblower lawsuit?

Accepted Answer

Yes, the False Claims Act requires that Whistleblowers be represented by counsel. If you believe you have a case under the False Claims Act, it is imperative that you quickly retain counsel to investigate your claims.

Question 5

Is my identity as a whistleblower confidential?

Accepted Answer

False Claims Act lawsuits are filed under seal in Federal District Court and remain under seal for at least 60 days. While the case is under seal, the Defendant is not served with a copy of the lawsuit. Filing a case under seal and without notifying the Defendant enables the government to investigate your claims before the Defendant becomes aware of them. The government can request extensions of time for the case to remain under seal, and it is common for the cases to remain under seal for at least one to two years. Eventually, a Judge will order the case unsealed and your identity as the whistleblower will no longer be confidential.

Question 6

How much money do whistleblowers receive?

Accepted Answer

The amount the whistleblower receives is dependent on a number of factors. For claims filing under the False Claims Act, if the government declines to intervene in the case, and the settlement or judgment is obtained by Relator’s counsel, the Relator is usually entitled to 25 to 30% of the case proceeds. If the government settles or intervenes in the case and secures a judgment, the Relator is usually entitled to 15 to 25% of the case proceeds.

Sumner Schick

Browse

Visit

Subscribe

Wrongful Death & Catastrophic Injury

Sumner Schick

Footer

Connect

Browse

Visit

Subscribe