Qui Tam Law - Types of Fraud

Serving Clients Nationwide in Qui Tam Cases, Fraud and Whistleblower Law

Qui tam law is governed by the False Claims Act. It provides citizens with an incentive to file whistleblower lawsuits in federal court seeking the recovery of government funds obtained by fraud. Whistleblowers, called “relators,” are entitled to earn a percentage of the government’s recovery when their information contributes to a successful outcome of the case.

The term qui tam comes from the Latin expression qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means “he who pursues this action on our Lord the King’s behalf as well as his own.” Qui tam cases allege that a vendor has made a claim against the government that is false. If found guilty, the vendor can be held liable in court for any money which the government was defrauded.

The False Claims Act

The False Claims Act establishes the protocol for whistleblower lawsuits and the whistleblower rewards that accompany these claims. Under the terms of the False Claims Act, all cases are filed under seal, which prevents disclosure of the claim to anyone other than government prosecutors and the Court. Furthermore, the defendants charged with defrauding the government are not made aware of the whistleblower lawsuit until the government has completed their investigation into the allegations.

Once the government investigation is complete, they will decide whether they want to join, or “intervene” in the case. If the government decides not to join in, you may still move forward with the lawsuit, but the chances of success are substantially lower without the government’s participation. Once the government has completed its investigation and determined whether or not it will intervene, the seal will be lifted, and the defendant and the public will be informed of the qui tam claim.

There are also several whistleblower protections outlined in the False Claims Act. The identity of the whistleblower will remain confidential until the seal is lifted on the case. Even if the defendant becomes aware of the investigation during the seal period, the identity of the whistleblower will not be revealed. Because whistleblowers are often employed by the company under investigation, they are also afforded protection against retaliation. In the event of retaliatory actions, the whistleblower may bring a civil suit against the defendant.

Experienced Qui Tam Lawyers

The qui tam lawyers at Kenney & McCafferty focus their practice almost exclusively on whistleblower cases. We have worked on more qui tam claims than almost any other firm in the country and over the past decade, we have been involved in some of the most lucrative recoveries in the history of the False Claims Act. Our attorneys have the skills and experience to protect your rights, and we will place you in the best possible position to earn your whistleblower reward.

Types of Fraud

• Pharmaceutical Fraud
• Healthcare/Medicare Fraud
• Financial Industry Fraud
• Procurement Fraud
• Defense Contractor Fraud

If you have knowledge of a fraud or false claim against the government, please contact our qui tam attorneys today. Kenney & McCafferty attorneys will consult with you about your case, without obligation. All communications with Kenney & McCafferty attorneys during these consultation services are confidential and protected by the attorney-client privilege.