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The False Claims Act (FCA) protects against actions by persons or entities that knowingly defraud the government. The FCA operates through a special legal mechanism, “qui tam,” which enables private individuals (referred to as whistleblowers or Relators) to file a lawsuit on behalf of the government against the party or parties engaging in fraudulent activity. If the FCA claim is successful, the whistleblower is entitled to receive a portion of the recovered amount (typically between 15 and 30 percent). This provides a strong incentive to report fraud while reducing the overall amount of government financial losses.
It’s worth noting that there is a common misconception that so-called “smoking gun” evidence is required when filing a False Claims Act lawsuit. The reality is that the whistleblower filing the FCA claim needs to provide concrete evidence that shows that the party knowingly submitted false claims to the government. Whistleblowers benefit greatly from enlisting the services of an experienced False Claims Act lawyer who can guide them through every step of the process. Here’s what you need to know about the FCA knowledge standard, what qualifies as evidence in an FCA case, and why partnering with a top False Claims Act attorney is highly recommended.
Understanding the False Claim Act Legal Standard
When a whistleblower files an FCA claim, they need to include evidence that shows that the person or entity knowingly defrauded the government. While the whistleblower is not required to establish that there was a specific intent to defraud, the evidence needs to show the person or entity knowingly took actions or “acted in deliberate ignorance or reckless disregard of the truth or falsity of the information.”
Do I Need Direct Evidence That Fraud was Knowingly Committed to File a False Claims Act Case?
While you are not required to provide direct evidence that fraud was knowingly committed, such as a signed statement confessing to fraud, in order to file a successful FCA claim, you will need to present credible and specific evidence that supports the allegations of fraud. For example, you can include emails, internal reports, or contract details to show that the person or entity knew about or exhibited deliberate ignorance or reckless disregard of the fraudulent activity. Direct evidence is preferable, but strong circumstantial evidence can still meet the civil burden of proof.
What If You Suspect Fraud?
Sharing your evidence with a highly trusted and experienced FCA lawyer is the best way to ensure that the lawsuit you file is as strong as possible. Your attorney will work with you to evaluate the evidence, review the documentation, assess public disclosure risks, and support you at every step of the FCA claims process.
FAQs About Filing a False Claim Act Lawsuit
Do I need proof of intent in order to file an FCA case?
No, you only need to provide evidence showing that the person or entity knew about or exhibited deliberate ignorance or reckless disregard of the fraudulent activity.
Can circumstantial evidence support a qui tam lawsuit?
Yes. While direct evidence is preferred, strong circumstantial evidence can still meet the civil burden of proof.
What if I only have access to partial records?
Partial records may be enough to support a whistleblower claim, as long as they establish a reasonable belief of the person or entity knowingly engaging in fraud or showing deliberate ignorance or reckless disregard.
Learn More About FCA Lawsuits Today
If you are interested in learning more about the False Claims Act and how to file a qui tam lawsuit against a person or entity that is defrauding the government, the highly experienced and trusted legal team at Herman Law Group is ready to provide you with the information and guidance you need. Please call our Providence, Rhode Island office today at (401) 277-4110 to get started.