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The False Claims Act (FCA) allows private citizens to file lawsuits on behalf of the government against entities and/or individuals who have defrauded the government in some way. These legal actions, referred to as “qui tam” lawsuits, are powerful tools to address fraudulent activities against the government, such as when a corporate entity in the healthcare industry overbills Medicaid or Medicare or bills for services not provided. The private citizen who has knowledge of the fraud, also known as the whistleblower, can file a qui tam lawsuit on behalf of the government under the FCA. Filing a qui tam claim tends to be a complex and highly strategic process, and seemingly minor missteps can undermine or jeopordize an otherwise strong claim. Enlisting the services of an experienced and knowledgeable whistleblower or qui tam attorney is the best way to maximize your chances of success. Let’s take a look at how to file a qui tam lawsuit as well as some of the key whistleblower mistakes to avoid as you move through this legal process.
Mistake #1: Waiting Too Long to File a Qui Tam Suit
The FCA’s first-to-file rule prevents a whistleblower from filing a qui tam lawsuit alleging the same fraudulent actions as a r previously filed, pending case. This provision aims to encourage timely reporting of fraud while discouraging redundant lawsuits. Since a whistleblower who successfully brings a qui tam action is entitled to receive a portion of the government’s recovery, , it’s essential that you take swift action to maximize your chances of securing compensation. Reach out to a trusted Rhode Island qui tam lawsuit attorney to learn more about time considerations, such as the statute of limitations and the first-to-file rule.
Mistake #2: Publicly Disclosing Allegations
Whistleblower claims are understandably sensitive, and the qui tam filing process requires that the Complaint be filed under seal. The last thing you want is to discuss the case on social meda or in public, which can jeopardize or even derail the case.
Mistake #3: Failing to Document Retaliation
Whistleblowers who report fraud internally or file qui tam claims are shielded from acts of retaliation. If you have been fired or demoted because you blew the whistle on acts of corporate misconduct, be sure to document these incidents, preserve relevant communications, and contact an experienced False Claims Act lawyer as soon as possible to learn about filing an FCA retaliation claim.
Mistake #4: Filing Without an Experienced FCA Attorney
The qui tam filing process is highly specific and can be confusing to navigate without experienced legal guidance. Qui tam lawsuits can only be filed by attorneys. When you work with a highly qualified FCA attorney, you can move through each step of the process with greater understanding and confidence.
Frequently Asked Questions (FAQs) About Qui Tam Claims
Can I file a qui tam lawsuit on my own?
No. Hiring an experienced whistleblower and FCA attorney is the best way to avoid costly mistakes and maximize your chances of success.
What happens if someone else files a qui tam lawsuit first?
Under the FCA’s first-to-file rule, once a private citizen files a qui tam lawsuit against a party engaging in fraud against the government, any subsequently filed lawsuit brought against the same entity or persons in which the same conduct is alleged, will be subject to dismissal. . It’s best to act quickly so that you can boost your chances of filing a successful lawsuit and receiving a portion of the government’s recovery.
What do I need to do in order to file a qui tam lawsuit?
Gather all relevant documentation (without violating any laws), consult with legal counsel, preferably before you resign to review your case, potential financial awards and any potential risks.
Learn More About Whistleblower Protections Today
At Herman Law Group, we believe in serving every client with the personalized attention and effective solutions they deserve. Our highly experienced whistleblower protection attorneys are ready to help you understand your rights as you take a stand against corporate misconduct. Please reach out to our East Providence, Rhode Island office today by calling (401) 277-4110 to schedule a free consultation.