Qui Tam Lawyer

A qui tam lawyer plays a key role in helping whistleblowers report fraud against the federal government under the FCA. The attorney represents the relator (the person filing the claim) and handles the legal process from start to finish.

“Start to finish” may look different depending on your specific case. In some instances, it will mean fully seeing the case from filing to government intervention to receiving an award. In other instances, it may mean helping you choose what to do if the government decides not to intervene after your case is filed and reviewed.

A qui tam attorney can:

• Investigate the allegations to determine whether a case is viable
• Advise the whistleblower on how to proceed under the FCA
• File the case under seal
• Collect evidence and prepare legal filings
• Litigate the case if the government declines to intervene
• Represent the relator in court and in retaliation claims
• Pursue a share of the government’s financial recovery

The whistleblower attorneys at Motley Rice understand the challenges of qui tam cases and help confirm the claim meets strict FCA requirements.

Understanding the False Claims Act

The False Claims Act (FCA) is a federal statute that allows whistleblowers, known as relators, to file lawsuits on behalf of the federal government when they know about fraud involving government funds. These are called qui tam cases. Many states have enacted their own versions of the federal act.

After a relator files an FCA complaint under seal, the Department of Justice (DOJ) investigates and decides whether to take over the case (this is referred to as intervening in the case). If the DOJ decides not to intervene and declines, the whistleblower has the option to continue the case on their own with their own qui tam attorney. Common qui tam cases involve, for example:

• Overbilling Medicare or Medicaid
• Charging the military for faulty or overpriced equipment
• Misusing COVID-19 relief funds (sometimes referred to as PPP fraud)
• Promoting drugs for unapproved uses
• Falsifying data to receive federal education funding

If the qui tam case succeeds, the relator may receive 15% to 30% of the money recovered. Because the FCA allows the government to collect triple (or treble) damages, qui tam rewards can be significant.

Hiring a qui tam whistleblower attorney as soon as possible is advisable if you’re thinking of reporting potential fraud. Look for an attorney who:

• Focuses on qui tam cases filed under the FCA
• Has a proven record of success in claims involving fraud against the government
• Has built a reputation for excellence and integrity with state and federal agencies
• Is knowledgeable about whistleblower protections and potential rewards

Motley Rice has qui tam whistleblower lawyers with experience that can help you build a strong case, guide you through the complicated litigation process, and boost your chances of obtaining a financial award.

Do I need a qui tam lawyer to be a whistleblower?

Yes. According to the FCA, a private individual cannot represent the government pro se, or on their own. This means a qui tam whistleblower is required to have an attorney. A whistleblower should retain a qualified qui tam lawyer because cases filed under the FCA are typically complex and come with high stakes.

How can working with a qui tam attorney help?

The qui tam process differs from other whistleblower programs. A lawyer with qui tam experience can help by:

• Determining whether you have a workable claim
• Confirming that you meet all the requirements for filing a qui tam lawsuit
• Protecting you from retaliation from your employer or others
• Building a successful case, enabling you to collect the maximum reward available

What information do I need to provide a qui tam lawyer?

To get started, a qui tam lawyer will need you to provide details of the alleged fraud. This includes what happened, who was involved, and how you discovered it. Important evidence to include are emails, billing statements, and other documents that support your claim.

Based on this information, the attorney will prepare a qui tam complaint that outlines the fraud and file it under seal (confidentially) in the appropriate federal district court. The attorney will also draft a document called a “disclosure statement” that provides the government with a description of all relevant information. The disclosure statement is not filed with the court. The FCA requires that whistleblowers serve the government with the sealed complaint, as well as the disclosure statement and all material evidence. A knowledgeable qui tam attorney can help you navigate this complex process.

Motley Rice whistleblower lawyers have represented numerous individuals in many whistleblower lawsuits, including qui tam cases. Our law firm has advocated for people who exposed fraudulent practices committed by:

• Defense procurement contractors
• Financial services companies
• For-profit colleges
• Healthcare providers
• Pharmaceutical companies
• Tobacco companies

In all cases, we work with potential whistleblowers to protect their rights, help them file accurate and thorough qui tam complaints, and guide them through the legal process.

Read more about our qui tam whistleblower experience.