Qui Tam Litigation/False Claims Act

What is Qui Tam?

FEDERAL FALSE CLAIMS ACT AND QUI TAM LITIGATION

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Qui Tam book - Joel

What is Qui Tam?

Federal False Claims Act and Qui Tam Litigation

Read More

Qui Tam book - Joel

Qui Tam Overview

The 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.

Qui Tam Overview

Qui Tam Statistics

Statistical data gives us detailed information on trends in qui tam cases. For example, we have created a chart that lists the total number of qui tam cases filed since 1988 and data showing total recoveries from cases where the Department of Justice intervened compared to recoveries awarded in cases that the DOJ declined.

Qui Tam Statistics

Qui Tam Case Types

Since the revitalization of the False Claims Act (”FCA”) by the 1986 Amendments, the government has aggressively pursued civil, criminal, and administrative actions against those who swindle money from the federal treasury through kickbacks, fraudulent claims, or off-label marketing, just to name a few.

Qui Tam Case Types

Success Stories

Whistleblowers who file qui tam lawsuits have multiple allegations about fraud and retaliation. Some of these cases are summarized for your review. These particular cases deal with Medicaid fraud allegations. The attorneys at Berg & Androphy have many cases currently under seal and being evaluated by the federal and state governments.

Success Stories

Retaliation

Congress specifically stated that whistleblower protection laws extend to the qui tam whistleblower, anyone assisting the qui tam whistleblower, and anyone working with the government “in furtherance of” an FCA action. The qui tam whistleblower must prove the cause of action by a preponderance of the evidence.

Retaliation

Acts by Jurisdiction

Federal and State Acts. Read more about the 1986 Federal False Claims Act, 2009 Federal Fraud Enforcement Recovery Act, District of Columbia Procurement Reform Amendment Act, and the California False Claims Act.

Acts by Jurisdiction

Nationwide Practice

The law firm of Berg & Androphy has a nationwide practice representing qui tam/whistleblower clients in lawsuits throughout the country. The firm maintains its principal offices in Houston, Texas and New York, New York with offices in Washington, D.C., Denver, Colorado and Miami, Florida.

Nationwide Practice

Qui Tam Results

Joel M. Androphy and Janis Gorton along with the United States and the State of Texas, have reached a $5 million settlement in a False Claims Act case against Health Services Management, Inc. and Huntsville Health Care Center involving billing for poor quality of care to nursing home patients.

Qui Tam Results

Qui Tam FAQs

Please explore the following frequently asked questions often asked by whistleblowers about qui tam cases. Questions such as “As a whistleblower, what do I need to know before hiring a qui tam attorney?”

Qui Tam FAQs

 

Do you have any questions about the False Claims Act, Tax Fraud or the Financial Fraud Programs and whether or not you have a case?

Berg & Androphy is happy to evaluate your potential case. The information you provide will be privileged and confidential. 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. Once the agreement is signed, only then will be offer legal advice.

Please note that we will not become your attorneys simply because you have emailed us or contacted us by phone. Until a written fee agreement is agreed to and signed, we do not represent you.

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The information you provide is confidential.

Qui tam allows persons and entities with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the United States Government. As the relator, you should be aware that claims of this nature are subject to a statute of limitations.

Claims arising under the False Claims Act (FCA) must be filed within six years of the submission of the false claim, or within three years after the government should have learned of the facts underlying the claim, but in no event longer than ten years, whichever occurs last. The limitations period on qui tam claims is complex. There are also first to file rules, public disclosure bars, original source issues, and potentially varying limitations on pursuing retaliation claims. Time is critical.

Under the Tax Fraud Program, Congress requires the IRS to conduct an examination and to collect any underpayment of taxes within 3 to 6 years from the date when a tax return was filed. There is no statute of limitation in cases involving tax fraud or evasion. There are also rules regarding public disclosure bars and original source issues. For restrictions on the Financial Fraud Program, visit the Financial Fraud/Qui Tam Cases section of our site.

Types of Qui Tam Lawsuits

There are a number of qui tam suits Berg & Androphy specializes in. Here are the types of fraud that may be reported as part of qui tam provisions of The False Claims Act:

  • Defense Contractor/Military/Government Procurement Fraud Qui Tam
  • Healthcare Fraud (Medicare and Medicaid Qui Tam)
  • Mining, Oil and Gas Qui Tam
  • Scientific Research Qui Tam
  • Environmental Regulation Qui Tam
  • Prevailing Wage Act Qui Tam
  • Education Fraud Qui Tam
  • SEC Tax Fraud Qui Tam
  • IRS Tax Fraud Qui Tam

You should be aware that claims of this nature are subject to a statute of limitations. Claims arising under the False Claims Act (qui tam claims) must be filed within six years of the submission of the false claim, or within three years after the government should have learned of the facts underlying the claim, but in no event longer than ten years, whichever occurs last. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and potentially varying limitations on pursuing retaliation claims. Time is critical.

Under the Tax Fraud Program, Congress requires the IRS to conduct an examination and to collect any underpayment of taxes within 3 to 6 years from the date when a tax return was filed. There is no statute of limitation in cases involving tax fraud or evasion. There are also rules regarding public disclosure bars and original source issues. For restrictions on the Financial Fraud Program, visit the Financial Fraud/Qui Tam Cases section of our site.

Our Commitment to You:

We receive many calls and emails about these fraud issues. Although we have a team of trial qui tam lawyers reviewing your claims, we do not accept all cases. We spend a considerable amount of time reviewing and analyzing all cases. This process includes an investigation of the facts, the law, and sometimes consultation with experts. When we accept a case, we make a major financial and time commitment in pursuing the case. Unlike many law firms, Berg & Androphy is a trial firm, and will litigate False Claims Act cases even if the government declines intervention. Many law firms do not have the resources or expertise to pursue a False Claims Act case without government intervention, and will withdraw from representation if the federal and state governments reject the case. When selecting a law firm you should ask about this commitment and expertise. Although we will consider the federal and state governments’ positions, we have the staff and resources to pursue the case without government assistance. Of course, each case will be evaluated based on the particular facts of each case, and a final and independent determination will be made by the Firm about whether to proceed without government assistance.

If we do not take your case, you should not infer from our decision that you do not have a meritorious claim. We are making no representation in this regard, only that given the constraints placed upon the information available, we are unable to pursue this claim. If we decide not to take the case and you wish to pursue your claims, you should promptly seek the opinion of another attorney with qui tam experience regarding the merits of your claim and the applicable statute of limitations.

Notice:

When you provide information to Berg & Androphy, we do not become your attorneys. Although the information you provide is privileged and confidential, we do not become your qui tam lawyers and we do not represent you until we sign a written agreement.