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Uncovering Fraud: A Guide to Federal Qui Tam Cases

Aug 14, 2023

Have you ever come across fraudulent activities that are harming the government? If so, you might have the power to bring these wrongdoings to light and make a significant impact. This is where "qui tam" comes into play – a powerful legal tool designed to fight fraud against the government. 


The prospect of filing a lawsuit against an employer, a client, or someone of a higher position than you may seem intimidating and worrying, but it is your moral obligation to report any wrongdoing. With qui tam and the McCoy Law Group at your side, rest assured that your case will be handled effectively and with the utmost protection of your rights. We are here to guide and support you in your journey to reveal fraud and protect the public interest.


What is Qui Tam?

Qui tam, from the Latin phrase "he who sues for the king as well as for himself," is a unique legal concept that allows private individuals to bring lawsuits on behalf of the government. These lawsuits are aimed at recovering funds lost due to fraud against government programs and contracts. The Federal False Claims Act, enacted during the Civil War era to counter widespread fraud by contractors supplying the military, serves as the foundation for qui tam cases. This law encourages citizens to step forward as whistleblowers and expose fraud that harms taxpayers' money.


Unmasking Fraud with Qui Tam Lawsuits

A qui tam lawsuit essentially involves a private citizen, known as a whistleblower or relator, bringing a lawsuit against an individual or organization that has defrauded the government. This could involve submitting false claims, making false statements, or engaging in fraudulent activities that lead to financial losses for the government. Qui tam cases can encompass various areas, from healthcare fraud to defense contractor fraud and more.


Should the lawsuit prove successful, the relator becomes eligible to share in the Government's financial recovery and also recoup attorney's fees and expenses from the defendant.


Who Can Be a Whistleblower?

Anyone with knowledge of fraud against the government can become a whistleblower and initiate a qui tam lawsuit. Whether you are an employee, contractor, or even an outsider who stumbled upon wrongdoing, you have the power to take action. 


The qui tam relator can include multiple individuals, a business, or a partnership. A relator possesses specific rights outlined in the False Claims Act, including the ability to independently pursue qui tam cases if the government chooses not to participate.


The Federal False Claims Act and Violations

The Federal False Claims Act prohibits a range of fraudulent activities against the government. It is written broadly to cover various kinds of fraud that could result in financial loss to the United States. It outlines seven violations, each of which is considered a breach of the False Claims Act.


  1. False Claims – Providing or causing to provide a false request for payment or approval.
  2. False Records or Statements – Creating, using, or causing others to create or use a false document or statement that is important to a fake or deceptive claim.
  3. Conspiracy – Collaborating to break the False Claims Act.
  4. Conversion – Not returning government property.
  5. False Receipts – Producing or delivering a government property receipt without having full knowledge that the information in it is true. 
  6. Unlawful Purchase of Government Property – Purchasing public property from a government employee who is not legally authorized to sell it. 
  7. Reverse False Claims – Creating, using, or causing to be created or used a false document or statement that is important to an obligation to pay money to the government; or hiding, avoiding, or reducing an obligation to pay money to the government.


Rewards for Whistleblowers

When you bravely step forward as a whistleblower, you are not only doing the right thing for society but also potentially eligible for a whistleblower reward, also known as the relator's share. This is a portion of the recovered funds that you may receive as a token of appreciation for your role in exposing fraud.


If the government becomes involved in the case and the case achieves success through a settlement or a trial, the relator can receive a share of 15 percent to 25 percent of the funds collected by the government. In situations where the government opts not to participate in the case, and the whistleblower independently pursues it to a successful conclusion, the reward ranges from 25 percent to 30 percent of the funds collected.


The precise amount of the whistleblower reward hinges on various factors, which include the quality of the information presented to the Justice Department and the efforts put forth by the whistleblower and their attorney to ensure the success of the qui tam case.

Protecting Whistleblowers

At McCoy Law Group, we understand the concerns whistleblowers may have about their safety and job security. The law offers strong protections against retaliation by employers. If you experience any adverse actions for revealing fraud, you may be entitled to remedies such as reinstatement, back pay, and more.



Key Points for Whistleblowers

  • Document the fraud: Keep records, emails, documents, and any other evidence that could strengthen your case.


  • Consider the Pros and Cons: Before deciding to file a qui tam case, take time to carefully evaluate the advantages and disadvantages. Understand the potential impact on your professional and personal life.


  • Consult an attorney: Before taking any step, it's crucial to consult a legal expert experienced in qui tam cases.


  • Act promptly: The law has certain time limits for filing qui tam cases, and only the first person to file a complaint is eligible to receive a reward.


  • Maintain Confidentiality: Refrain from discussing the details of the case with anyone other than your attorney. This helps protect the integrity of the investigation and prevents potential leaks.


  • Be Prepared for Time: Qui tam cases can be complex and may take a considerable amount of time to resolve. Understand that patience is crucial, as these cases often involve thorough investigations.


  • Select Your Qui Tam Attorney Wisely: Your choice of attorney can greatly influence the success of your case. Choose an experienced qui tam attorney who understands the intricacies of federal law and has a track record of successful outcomes.


These key points are essential for whistleblowers to navigate the process effectively and increase their chances of a successful outcome in their qui tam case.


Why Choose McCoy Law Group?

Our team at McCoy Law Group is dedicated to justice and helping you navigate the complex world of qui tam cases. With our experience, expertise, and compassion, we will stand by your side and guide you through every phase of your whistleblower journey. Your courageous actions can make a significant difference, and we are here to ensure your voice is heard and your rights are protected.

 

Join the Fight Against Fraud

If you have information about fraud against the government, don't hesitate to take action. By contacting McCoy Law Group, you're taking the first step towards making a positive change. Let us help you bring justice and accountability to those who have committed fraud against taxpayers' funds. Call us today at 843-459-8835 to learn how we can support you in your qui tam case. 

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