Qui Tam Claim Filing Process
Serving Clients Nationwide
Qui tam cases brought under the False Claims Act are highly complex, and you will need to be represented by attorneys with a great deal of experience handling these claims. It is important to be familiar with the following information before deciding whether to move forward with your claim.
Where to File
Courts in different parts of the country have interpreted the federal False Claims Act differently. Some states also have their own False Claims Acts. Your attorney should be aware of which state False Claims Act may apply to your case and which federal court is the best to file your claim.
When to File
Timing is critical in qui tam lawsuits. Therefore, it is important to act quickly if you have knowledge of fraud against the government. Your qui tam claim can be dismissed if:
- It is not the first claim to bring these allegations against the defendant
- The information about the fraud becomes public before the case is filed
- The statute of limitations has expired
Generally, you must file your claim within six years of the date when the fraud was committed. However, in certain situations, the statute of limitations may be extended to as much as ten years.
The Confidentiality of Your Filing
Qui tam lawsuits are filed under seal, which means the lawsuit is not public knowledge. The seal will not be lifted until after the government has investigated the charges contained in the lawsuit and decides whether to intervene. Once the court orders the seal to be lifted, the identity of the whistleblower will be revealed to the defendant.
It is important that you maintain the confidentiality of a qui tam claim while it is under seal. The court will throw out a claim if the whistleblower tells anyone about the case or discusses it publicly.
The Importance of Experienced Qui Tam Representation
It is important to work with an attorney who is experienced in both qui tam investigations and trial work. When evaluating potential attorneys, make sure to ask how long they have been doing False Claims cases and how many trials they have had in federal courts.
Your attorney should be able to finance the expenses of a long, drawn out process, and there should be a sufficient number of lawyers on staff to handle the case. Ask any potential attorneys if they have worked closely with prosecutors and government investigators. Establishing an ongoing rapport with the government is crucial to the success of your claim.
The lawyers at Kenney & McCafferty have been handling qui tam cases for 15 years. During this time, we have worked on a variety of claims, and we have the experience to handle cases involving just about any type of fraud committed against the government.
Qui tam cases are the main focus of our practice, and the majority of our lawyers work exclusively on these types of claims. Our attorneys have extensive trial experience, and we have the experience needed to assist the government in any way necessary throughout your claim.
If you have knowledge of a fraud or false claim against the government, please contact our qui tam lawyers today. Kenney & McCafferty attorneys will consult with you about your case, without obligation. All communications with Kenney & McCafferty attorneys during these consultation services are confidential and protected by the attorney-client privilege.
