The federal government loses billions of dollars through fraud each year. Luckily, the False Claims Act is one of the tools specifically designed to prevent waste, abuse, and fraudulent activities that will lose the taxpayer money.
The Act empowers you and other Americans to initiate cases where fraud has occurred against the federal government. According to the Department of Justice, the federal government recovered over $2.9 billion through qui tam cases in 2024.
A qui tam attorney can help you sue on behalf of the government if you suspect fraud, abuse, or waste. Filing a qui tam case may entitle you to compensation in certain instances. Let’s explore all you need to know about a qui tam case and what you can expect from an attorney.
What Are Qui Tam Lawsuits
These are usually a product of witnessing fraudulent actions taken by companies against the federal government. Most whistleblowers file claims under the False Claims Act or the Defense Base Act (DBA).
You’ll need a Defense Base Act lawyer if you witness fraud against the government from companies working overseas. A qui tam lawsuit is unique as your identity remains sealed or hidden from the public.
The Justice Department usually takes 60 days to investigate the claim and collect evidence. The process of initiating a qui tam lawsuit usually follows the steps below:
- Filing the case in federal court
- Stating the fraudulent activities
- Government intervention and commencement of investigation
- Trial or out-of-court settlement
Getting legal services can help streamline the process. A qui tam attorney will help you understand what to expect in the case and prepare you if the lawsuit goes to trial.
Qui Tam Attorney Services
A qui tam lawyer plays a multifaceted role dedicated to ensuring you take impactful action against perpetrators of government fraud. Attorney services begin by evaluating your case and deciding what course of action to take.
You can expect a qui tam or defense base act attorney to do the following:
File the Complaint
The first step of any false claims case is filing the complaint. An attorney will help you prepare the necessary documentation. Although this step seems simple, a lawyer knows the procedural nuances you need to adhere to build a strong case.
The attorney will also provide qui tam lawsuit guidance on how the case works and how the government will intervene. The fact there is government intervention doesn’t necessarily help your interests. So, having legal representation is the best way to advocate for yourself if the government recovers its losses.
Identity Protection
According to the U.S. Chamber of Commerce, most plaintiffs in qui tam cases have been former employees or company insiders. Consequently, there is a significant risk of retaliation from your employer if you become a relator.
Fortunately, a qui tam or DBA lawyer understands how to hide your identity and ensures every document with your details remains confidential. A lawyer is also bound by attorney-client privilege, meaning they will not disclose your information to any other party.
Comprehensive Support and Guidance
As the case progresses, complications may arise that jeopardize the outcome. Having legal representation guarantees comprehensive support in different aspects of the case. Lawyers can break down complex legal jargon and help you successfully navigate the litigation process if the case goes to trial.
An attorney will also support you if the government decides to take up the case. In the scenario where the government doesn’t intervene, your lawyers bear the primary responsibility of litigating the case.
Handling Negotiations
Most qui tam lawsuits end with an out-of-court settlement. Hiring a qui tam attorney enhances your chances of getting a fair false claim or defense base act settlement. Lawyers are expert negotiators who leverage their experience to maximize the amount you can get from the case.
Types of Qui Tam Cases
A relator or a plaintiff in a qui tam lawsuit can begin the case against any type of fraud against the government. The main types of fraud that lead to qui tam cases include:
- Healthcare fraud
- IRS tax fraud
- Military, defense contractors, or government procurement companies
Any government contractor working in any field, domestically or on foreign land, can also face a qui tam lawsuit. You need to file the case quickly because your case is automatically dismissed if anyone else has already brought a qui tam case.
Filing a qui tam case entitles you to some compensation depending on the settlement. The compensation amount will vary depending on the agreement by the parties involved.
Alternatively, a judge or jury decides how much the case is worth, and you’re awarded a percentage of the agreed amount.
Requirements Needed to File a Qui Tam Lawsuit
According to Congress, the qui tam statutes were specifically created to enlist the help of the public to fight government fraud. The main requirement for filing a qui tam case is having non-public information about fraud.
You can only be the plaintiff of a qui tam lawsuit if the government or any other party hasn’t taken legal action. The government may decide not to intervene in the case. However, this shouldn’t deter you, and getting professional legal consultation services can help you know whether you have sufficient evidence.
The decision to pursue the case independently also guarantees you a minimum of 30% of anything recovered from the case. The amount you receive will vary based on:
- Retaliation
- Injury or any damage sustained in the case
- Level of government intervention
The specific requirements of a qui tam case differ based on whether it’s related to the Defense Base Act, maritime law, or False Claims Act. A lawyer can help shed light on what you must do and guide you throughout the case.
Hire a Qui Tam Attorney Today
You can pursue a qui tam case independently. However, such cases are complex and entail procedural nuances in federal courts. A qui tam attorney can help you navigate the federal court system, protect your interests, and advance your claim.
Barnes Law Firm charges no attorney fees to clients if we are unsuccessful. This contingency fee policy highlights our commitment to our clients.