How to Report Governmental Fraud : Whistleblower (Qui Tam) Lawsuits

Anyone with adequate evidence of fraud committed against the government may benefit from the proceeds of an Investigation, this is known as qui tam lawsuit. This act is also known as “whistleblowing” and people not connected with the government who file actions against federal programs and their contractors claiming fraud against the government are informally called “whistleblowers”. Qui tam is a powerful way to encourage whistleblowers to aid the government in stopping all types of fraud, by coming forward with their knowledge and information of private industry committing illegal acts when billing Government programs.

A private citizen may sue a person or a business that is defrauding the government under the False Claims Act (FCA). The FCA protects and rewards whistleblowers that expose individuals, contractors and companies who defraud the government. In most cases, the government would not have been aware of the fraudulent act, if not for the whistleblower’s action. Government fraud is a billion dollar industry and costs taxpayers so much money that the government rewards them when they report fraud. On the other hand employee’s that are hired by companies that are overcharging the Government, are making so much money off the Government and taxpayers that the increase in their bottom lines allows them to pay their employee’s more in wages and bonuses.  The employee’s increase wages make them reluctant to report it, and why they tolerate it. Employee’s never realizing the overall effect that it is having on every taxpayer. If litigation is successful whistleblowers are given financial reward for their efforts to save the government money and their loyalty to the country.  Whistleblowers are paid based on the amount of money the Government saves, when a whistleblower reports the fraud.

Some examples of scenarios that can result to qui tam claims are:

  • Marketing drugs for non-FDA approved uses
  • Requesting payment for goods and services that were not provided
  • Improper Medicare/Medicaid billing, including overbilling and billing for services or procedures that were not provided
  • Overcharging for goods or services provided under government contracts
  • Selling the government defective or dangerous products
  • Charging the government for costs that are not related at all to the grant applied for.

Although whistleblowers can file a case for fraudulent activity on behalf of the government at any time, they are highly encouraged to consult and seek legal assistance with an attorney. A person’s decision to “blow the whistle” can affect not only his or her professional and personal life but also the safety of his or her family and loved ones as well. The steps in reporting fraud should be done carefully and the process in terms of reporting fraud depends on the type of fraud and the laws involved. The whistleblower should first, obtain concrete evidence. Second, file the claim and submit the evidence. Third, undergo a government investigation and finally will receive a judgment or case settlement. In addition to this, the False Claims Act follows a “first to file” rule. Consider yourself unlucky if someone already filed the same lawsuit a day before you filed. Your lawsuit should also be clear of any pending government case. The whistleblower must file the case before the government can file a civil, pending, criminal or administrative action. The False Claims Act also imposes a time limit of six years for bringing claims. Whistleblowers are highly encouraged to seek legal assistance as soon as possible. Please Contact Us and provide any details along with contact information. If you prefer to leave a voicemail you can call 1.858.236.9020. can then forward these requests to our network of attorneys that may contact you if a Class Action Lawsuit is to be pursued.In addition make sure you Subscribe to our mailing list to receive important updates regarding class action news and open cases.