Government Involvement in a False Claims Act Case
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Blowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.
Also known as a qui tam action, which loosely translates from Latin to “[H]e who brings a case on behalf of our lord the King, as well as for himself,” a False Claims Act lawsuit may proceed with or without the assistance of the government. The Department of Justice (DOJ) can choose to intervene in a whistleblower lawsuit or decide that it will “not intervene at this time.” If the DOJ does not intervene, an individual can continue the fraud claim on the government’s behalf.
Blowing The Whistle: Filing A Complaint Under Seal
Anyone who thinks he or she may have a whistleblower claim should seek out the advice and counsel of a whistleblower attorney. False Claims Act cases cannot be pursued pro se; a whistleblower must be represented by an attorney. A whistleblower lawyer can help maintain the necessary confidentiality of a claim, prosecute the qui tam case if the government does not intervene and protect the right of the whistleblower to a reward.
Confidentiality is paramount in whistleblower claims. A qui tam lawsuit must be filed under seal with the Clerk of Court in the appropriate jurisdiction. A copy of the complaint is then forwarded to the US DOJ, the local U.S. Attorney’s office and the judge to whom the case is assigned.
The federal government will have at least 60 days to review the qui tam complaint. During this time, the suit will remain under seal. The DOJ may request, and typically does request, an extension of this time period for “good cause.”
Most, if not all, of the information that the whistleblower has to support his or her claim of fraud against the U.S. must be disclosed to the DOJ on a “disclosure statement.” This information is not shared with the person or company being accused of making a false claim.
Blowing The Whistle: Government Investigation And Action
The government must investigate the illegal acts alleged in a False Claims Act complaint. An attorney from the DOJ or the Attorney General is tasked with leading this investigation; multiple government agencies, such as the FBI, may also be involved. A state attorney general and his or her office may also participate in the investigation if state funds are involved, such as in the instance of Medicaid fraud.
The DOJ has three options when determining its involvement in a whistleblower case after investigation:
• Intervene in the case
• Decline to intervene
• Move to dismiss the case
The government intervenes, on average, in less than 25 percent of qui tam lawsuits. When the government does intervene, the case will be unsealed. It is not uncommon for the government to file its own complaint after deciding to intervene.
If the government chooses not to intervene, the whistleblower and his or her lawyer can continue to pursue the False Claims Act lawsuit without the involvement of the DOJ. The government retains the right to receive funds from any settlement or judgment resulting from the case but the whistleblower will determine whether or not he or she will proceed.
Once the case is unsealed, if the government does not intervene, the whistleblower will have to serve the qui tam complaint on all named defendants within the timeframe allotted by the Federal Rules of Civil Procedure.
Blowing The Whistle: Retaining A Whistleblower Attorney
As noted above, a whistleblower must be represented by an attorney in a False Claims Act lawsuit. An experienced qui tam lawyer understands the process and requirements for pursuing a False Claims Act case and can answer any questions that arise during the investigation, negotiation and final disposition of the case.
ABOUT THE AUTHOR: The Whistleblower Law Firm
Our experienced trial lawyers handle claims all over the United States. While many of us call Florida home, our relationships with lawyers and law firms in other states, as well as our experience working with federal agencies such as the Department of Justice and the U.S. Attorney's Office, only add to our ability to provide outstanding service to our clients in nationwide whistleblower cases.
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More information about The Whistleblower Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Blowing The Whistle: Filing A Complaint Under Seal
Anyone who thinks he or she may have a whistleblower claim should seek out the advice and counsel of a whistleblower attorney. False Claims Act cases cannot be pursued pro se; a whistleblower must be represented by an attorney. A whistleblower lawyer can help maintain the necessary confidentiality of a claim, prosecute the qui tam case if the government does not intervene and protect the right of the whistleblower to a reward.
Confidentiality is paramount in whistleblower claims. A qui tam lawsuit must be filed under seal with the Clerk of Court in the appropriate jurisdiction. A copy of the complaint is then forwarded to the US DOJ, the local U.S. Attorney’s office and the judge to whom the case is assigned.
The federal government will have at least 60 days to review the qui tam complaint. During this time, the suit will remain under seal. The DOJ may request, and typically does request, an extension of this time period for “good cause.”
Most, if not all, of the information that the whistleblower has to support his or her claim of fraud against the U.S. must be disclosed to the DOJ on a “disclosure statement.” This information is not shared with the person or company being accused of making a false claim.
Blowing The Whistle: Government Investigation And Action
The government must investigate the illegal acts alleged in a False Claims Act complaint. An attorney from the DOJ or the Attorney General is tasked with leading this investigation; multiple government agencies, such as the FBI, may also be involved. A state attorney general and his or her office may also participate in the investigation if state funds are involved, such as in the instance of Medicaid fraud.
The DOJ has three options when determining its involvement in a whistleblower case after investigation:
• Intervene in the case
• Decline to intervene
• Move to dismiss the case
The government intervenes, on average, in less than 25 percent of qui tam lawsuits. When the government does intervene, the case will be unsealed. It is not uncommon for the government to file its own complaint after deciding to intervene.
If the government chooses not to intervene, the whistleblower and his or her lawyer can continue to pursue the False Claims Act lawsuit without the involvement of the DOJ. The government retains the right to receive funds from any settlement or judgment resulting from the case but the whistleblower will determine whether or not he or she will proceed.
Once the case is unsealed, if the government does not intervene, the whistleblower will have to serve the qui tam complaint on all named defendants within the timeframe allotted by the Federal Rules of Civil Procedure.
Blowing The Whistle: Retaining A Whistleblower Attorney
As noted above, a whistleblower must be represented by an attorney in a False Claims Act lawsuit. An experienced qui tam lawyer understands the process and requirements for pursuing a False Claims Act case and can answer any questions that arise during the investigation, negotiation and final disposition of the case.
ABOUT THE AUTHOR: The Whistleblower Law Firm
Our experienced trial lawyers handle claims all over the United States. While many of us call Florida home, our relationships with lawyers and law firms in other states, as well as our experience working with federal agencies such as the Department of Justice and the U.S. Attorney's Office, only add to our ability to provide outstanding service to our clients in nationwide whistleblower cases.
Copyright The Whistleblower Law Firm
More information about The Whistleblower Law Firm
View all articles published by The Whistleblower Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
