False Claims Act: Caveats

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. (Click here to read about State Statutes.) Your attorney should be aware of which state false Claims Act may apply to your case and which is the best federal court in which to file your claim.

When to File

A qui tam lawsuit can be dismissed if it is not the first one to make the allegations. It also can be dismissed if information about the fraud becomes public before the case is filed. The False Claims Act limits the time in which a lawsuit can be filed. Generally lawsuits must be filed within six years of the date the fraud is committed, but under certain circumstances they can be filed within 10 years. (Click here to read How the FCA works)

The Confidentiality of Your Filing

Qui tam lawsuits are filed under seal, meaning they are not available to the public. The seal is not lifted until after the federal government investigates the charges contained in a lawsuit and decides whether to intervene and the court orders the seal lifted. A court will throw out a lawsuit if the realtor tells anyone about the case or discusses it publicly. (Click here to read How the FCA works)

Your Attorney

Make sure your attorney is experienced both in qui tam investigations and in trial work. Find out how long they have been doing False Claims cases and how many trials they have had in the federal courts.

Make sure your attorney can finance the expenses of a long drawn out litigation and that there are sufficient lawyers on staff to handle the case.

Find out if your attorney has worked closely with prosecutors and government investigators. It is important to establish an ongoing rapport with the government.