Kansas City Whistleblower Lawyer for False Claims Lawsuits
The False Claims Act, originally a Civil War-era law, protects the government against fraud associated with any program or contract that is federally funded, except for tax fraud. The term, Qui Tam, is also used to describe the type of case brought by a private individual, referred to as a relator or “whistleblower”, on behalf of the government and against a party that is alleged to have made false claims to the government with the intention of defrauding the government.
Types of False Claims/Qui Tam Lawsuits
Typically, the individual relator is an employee with inside information of the Company’s practices and has specific knowledge about how the government is being defrauded before bringing a claim — about which the general public has no information. This type of action provides for part of the penalty to go to the person bringing the action. If successful, the individual relator or whistleblower can share a "bounty" of the recovery, usually between 15% and 25% of any recovered amount, plus attorneys' fees. Such claims must be filed under seal with the Court.
There are various types of Qui Tam cases, including those involving the following:
- Medicare Fraud, The Stark Amendment
- Tax Fraud Whistleblower
- SEC Whistleblower
- “Buy American” & Customs Laws
- Foreign Corrupt Practices Act
- Disadvantaged Business Enterprise Program Fraud
Typical fraudulent practices against the government include: overcharges, double billing, providing unnecessary products or services, poor quality products, and not adhering to contract specifications.
Knowledgeable Representation for False Claims Act Lawsuits
Filing and presenting a False Claims Act case to remedy fraud against the government and to obtain an award out of the government’s recovery requires legal counsel with specific legal skills and experience.
First, the allegations in a False Claims Act lawsuit must be pled “with particularity” as to the specific type of fraud at issue. Doing so requires one or more attorneys willing to devote substantial time and resources to investigate the case, including performing extensive legal research as to the regulatory schemes of one or more of the federal agencies that were defrauded.
False Claims Act cases must be filed “under seal” by a licensed attorney. The seal hides the existence of the lawsuit and the identity of the whistleblower(s) from the target defendant(s) while the government investigates the case. Even before the lawsuit is filed, the False Claims Act requires the attorneys representing the whistleblower(s) to file a “disclosure statement” with the Attorney General’s office in Washington, D.C., and with the United States Attorney’s office in the jurisdiction where the lawsuit will be filed.
In addition to presenting the allegations of fraud in a narrative form, the disclosure statement should include a “roadmap” for the government’s investigation — such as witnesses to interview and documents to request and the anticipated evidence that will be obtained from those sources. The disclosure statement should also serve as a persuasive legal brief by including analysis of the attorneys’ research of the regulatory landscape, and how the defendant(s) violated the law resulting in fraud against the government. If the lawsuit and the disclosure statement fail to convince the government’s attorneys and investigators of both the factual and legal merits of the case from the get go, the whistleblower’s prospects of recovery are severely diminished.
Contact an Experienced Whistleblower Lawyer
If your employer is defrauding the government, you may be able to pursue a claim on behalf of the government as a whistleblower. Located near Kansas City, Brady & Associates provides skillful legal representation for whistleblowers in False Claims Act and Qui Tam lawsuits. Call (913) 696-0925 to learn more about our legal services.
