False Claims Act

Serving Clients Nationwide

The False Claims Act permits individuals to file lawsuits on the government’s behalf in order to recover financial damages suffered by the government as a result of fraud, particularly relating to a false claim. These lawsuits are called qui tam cases.

When a vendor makes a false claim against the government for payment, the vendor can be held liable in court under the False Claims Act. If you have knowledge of this type of fraud against the government, you can file a whistleblower claim against the defrauder.

This law provides whistleblowers with a strong incentive to disclose their knowledge of fraud against the government. Under the provisions of the False Claims Act, the whistleblower can receive 15% to 30% of the amount recovered by the government. The amount rewarded varies depending on several factors including whether or not the government decides to intervene in the case.

Relators

The whistleblower filing the lawsuit on behalf of the government is called a “relator.” The relator does not have to be personally injured by the fraud in order to file the lawsuit. However, in order to initiate a qui tam claim, a relator must have knowledge that the defendants engaged in fraud against the federal government.

Since the relator must have intimate knowledge of the fraud, most whistleblowers are employees or former employees of the company that committed the fraud. However, you do not have to be employed by the defendant to become a relator. Many relators are patients, competitors, or even relatives of employees or former employees.

Whistleblower Protections

The False Claims Act provides several important whistleblower protections. The relator’s identity will remain confidential, or “under seal”, while the claim is being investigated by the federal government. Even if the defendant becomes aware that an investigation being conducted, the relator’s identity will not be revealed. Once the government has completed its investigation or the Court denies additional extensions of the seal, the lawsuit will become public and the relator’s name will be available to the Defendant.

The law also protects the whistleblower from retaliation by the defendant. This is important because many whistleblowers are still employed by the defendant at the time of the lawsuit. In the event that the defendant acts to discharge, demote, harass, or otherwise discriminate against an employee based on the employee’s actions under the False Claims Act, the whistleblower can file a civil lawsuit against the defendant for any damages suffered.  Importantly, in order to avail yourself of protection against retaliation, the relator/employee must be able to show that the employer had knowledge that he or she was engaged in actions in furtherance of a qui tam action. 

Experienced Qui Tam Lawyers

The qui tam lawyers at Kenney & McCafferty have been handling whistleblower claims for the past 15 years. During that time, we have worked on more cases than almost any other firm in the country. Our lawyers have experience with a wide variety of qui tam cases, and we have demonstrated a track record of success for our clients. Kenney & McCafferty has recovered billions of dollars for the federal government, resulting in multi-million dollar rewards for our clients.

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.