Qui Tam Statistics

False Claims Act Statistics Since 1988

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.

Since the passage of the 1986 amendments to the FCA, settlements and judgments have totaled in excess of $15.6 billion, including both qui tam and non-qui tam settlements and judgments. The qui tam settlements and judgments alone total $13.2 billion; qui tam whistleblower rewards or the relator share account for $1.4 billion of this total. The total monetary recoveries and cases filed on behalf of the government to date for qui tam actions are outlined in the chart below. 

Last year, the fiscal year 2020, whistleblowers filed 672 qui tam suits, and the department of justice recovered over $1.6 billion. 

The momentum continued to build for new cases on the FCA enforcement front during the first half of 2021. The DOJ announced a number of FCA resolutions totaling more than $393 million. Although the number of resolutions demonstrated a continued high enforcement activity, these resolutions did not include any blockbuster settlements by historical standards. As a result, the DOJ did not have a press release on any nine-figure settlements in the first half of the coming year from any qui tam filings. 

Qui Tam Cases Filed Total Recovered Where DOJ Intervened Total Recovered Where U.S. Department of Justice (DOJ) Declined

Whistleblower Recoveries & Settlements

Today there are considerably more moving components in a typical FCA settlement than in the past, and this trend is expected to continue. It is uncommon for more than one relator to be involved in a case. It is possible to have co-relators who work together, and it is also possible to have competing relators who may have competing interests, especially when it comes to their individual shares of any whistleblower reward money. In addition, it is becoming increasingly frequent in FCA lawsuits to have several defendants, including people rather than merely the firms or organizations for which they work. The number of government authorities participating in false claims act cases has also increased significantly. For example, in a lawsuit alleging kickbacks or other Medicaid, Medicare, or managed care providers fraud, there might be as many as 20 or even 30 states involved in the complaint.

It was usual to have a straightforward agreement between a whistleblower, the federal government, and the defendant in civil litigation cases. For example, when the relator’s Qui tam allegations were resolved, the defendant agreed to pay a specific amount of money to the federal government. In addition, the defendant agreed to pay the whistleblower’s attorneys their statutory fees as compensation. The government also agreed to pay a portion of any revenues it receives from the defendant to the whistleblower.

According to the Federal Bureau of Investigation, qui tam provisions have resulted in an average of 377 new federal False Claims Act (FCA) charges per year on behalf of the federal government and taxpayers. Total recoveries for this time period have averaged around $3.3 million, with an average whistleblower reward of $562,000. There has been an increase in almost every statistic over the previous five fiscal years. There have been 693 new false claims acts cases filed annually since 2010, with average recoveries of $4.8 million and whistleblower rewards of $837,000. It should be mentioned that the average recovery in healthcare fraud cases in the past five years has been more than $5 million, with average whistleblower payouts of over $865,000 in the previous five years.

For detailed information on recovery and cases filed under the False Claims Act and qui tam lawsuits and whistleblower rewards, please see the False Claims Act and qui tam statistics accumulated by the Department of Justice.

Please see “Federal False Claims Act and Qui Tam Litigation,” published by Law Journal Press (2010), for more detailed information on qui tam litigation.

For more information or to seek legal advice, email quitam@bafirm.com or call to speak to the team at the Law Offices of David Berg

Notice

This website is designed to provide general information only. This information is not and should not be construed to be legal advice. The transmission of the information found on this website also does not result in the formation of a lawyer-client relationship.

You should be aware that qui tam claims are subject to a Statute of Limitations. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and varying limitations in pursuing retaliation claims. If you wish to pursue your claims, you should promptly seek the opinion of an attorney regarding the merits of your qui tam claim and the applicable statute of limitations.