March 30, 2023
What Types of Fraud can be the Subject of a Qui Tam Lawsuit?
Qui tam lawsuits, also known as whistleblower lawsuits, are legal actions that allow individuals to sue on behalf of the government for fraud committed against the government. Here are some types of fraud that can be the subject of a qui tam lawsuit:
- Healthcare fraud: This type of fraud involves false claims submitted to government healthcare programs such as Medicare or Medicaid. Examples include billing for services that were not provided or medically unnecessary, and kickbacks to healthcare providers for referrals.
- Government Procurement fraud: This type of fraud involves false claims submitted to government procurement programs such as military contracts. Examples include selling defective or substandard products or overcharging the government.
- Tax fraud: This type of fraud involves false claims submitted to the Internal Revenue Service (IRS) such as tax evasion, hiding income or assets, and claiming false deductions.
- Environmental fraud: This type of fraud involves false claims submitted to the government regarding compliance with environmental laws and regulations, such as false reporting of emissions or discharges.
- Government contract fraud: This type of fraud involves false claims submitted to the government in connection with government contracts, such as billing for work not performed or materials not delivered.
- Prevailing Wage Act: This law prevents contractors and subcontractors from landing profitable government projects, by bidding lower than their competitors at the expense of their employees.
It is important to note that qui tam lawsuits can only be filed for fraud committed against the government, and not for fraud committed against private individuals or businesses.
Should I File a Qui Tam Suit?
The central question to answer is: do you have non-public or “inside” info that an individual or entity has committed fraud that is damaging to the federal government?
Contrary to what you might have heard, you do not have to have been harmed personally to file a qui tam case. If you have been harmed personally, the law allows you to pursue a retaliation claim against the defendant. There are several things to consider:
- What is the harm to the government? How much money is involved?
- What evidence do you have to prove your qui tam action?
- Recorded Phone Conversations?
- Potential Witnesses?
- Records or documents about the scheme and the amount of money involved.
How are Qui Tam Lawsuits filed?
Qui tam lawsuits, also known as whistleblower lawsuits, are filed under the False Claims Act (FCA) and can only be filed by qui tam whistleblowers who have knowledge of fraud committed against the government. Here are the steps involved in filing a qui tam lawsuit and how to report fraud:
- Hire an attorney: Whistleblowers who want to file a qui tam lawsuit must hire an experienced whistleblower attorney who is familiar with the False Claims Act and qui tam litigation.
- Gather evidence: Whistleblowers must have evidence of fraud committed against the government. This evidence can include documents, emails, and other evidence that demonstrates the fraudulent activity.
- Draft a complaint: The attorney and the whistleblower will work together to draft a complaint that details the fraudulent activity and the evidence that supports the allegations. The complaint must be filed under seal, which means that it is not made public. This gives the government time to investigate the fraudulent claim.
- Serve the complaint: The complaint must be served on the government, including the Department of Justice (DOJ) and the relevant government agency, which has 60 days to decide whether to intervene in the lawsuit. If the government intervenes, it takes over the case, and the whistleblower may be entitled to a percentage of any damages recovered by the government.
- Litigation: If the case proceeds to litigation, both sides will present evidence and arguments to the court. The whistleblower will need to show that fraud was committed against the government.
- Settlement or trial: If the case is not dismissed, it may be settled between the parties or proceed to trial. If the whistleblower wins the case, they may be entitled to a percentage of any damages recovered by the government.
Why Should I Choose Berg & Androphy to Represent me in my Qui Tam Lawsuit or Whistleblower Case?
The qui tam attorneys at Berg & Androphy have extensive involvement in prosecuting qui tam litigation cases and international corruption cases. The firm represents whistleblowers nationwide in many large Medicaid/Medicare health care fraud cases and defense contractor cases, as well as other types of cases involving fraud against the government, and international cases involving the Foreign Corrupt Practices Act.
The law firm represents whistleblowers nationwide in many large Medicaid/Medicare health care fraud cases as well as other types of cases involving fraud against the United States government. The Federal False Claims Act or FCA has been integral in recovering monies for the U.S. taxpayer and the United States Federal government from unscrupulous individuals and entities since it was signed into law. The Department of Justice believes the False Claims Act has been the single most successful anti-fraud act ever signed into law. On behalf of the government, we have filed fraud cases in such major cities as Boston, Philadelphia, New York, Los Angeles, and many more.
Still have questions about Qui Tam? Contact the expert attorneys at Berg & Androphy
Berg & Androphy will be happy to evaluate your potential case. The information you provide will be privileged and confidential. We do not, however, become your attorneys simply because you have emailed us or contacted us by phone. With your permission, we will investigate your case to determine whether we are interested in proceeding. If we are interested, we will send you a written agreement. Until a written fee agreement is agreed to and signed, we do not represent you.