Texas Whistleblower Lawyer & Qui Tam Lawsuits

How a Whistleblower Lawyer Can Help You

Under the False Claims Act, you are required to have an attorney file your claim. Our attorneys at The Law Giant, Personal Injury & Accident Lawyers will assist you in your claim and guide you through the process.

We Ensure Claims Abide by the False Claims Act

Filing a Qui Tam lawsuit is complex because it must abide by laws in the False Claims Act. An attorney understands these laws and ensures that all claims are filed completely to follow the specific rules in the False Claims Act. This will increase the likelihood of government intervention and overall success in recovering your reward. If claims are not filed correctly, you could be negatively impacted.

We Protect Your Rights

We know that you might feel subject to retaliation by your employer or whoever your claim is against. This can create anxiety related to your job security or career advancement. The False Claims Act safeguards these liberties, and our trusted attorneys will uphold your rights to ensure you remain immune to employer retaliation.

We Help You Recover Your Reward and Compensation for Your Losses

Successful Qui Tam lawsuits may result in a large monetary reward depending on the total recovered funds. An attorney can help you file a claim detailing where the defendant violated federal law. In addition to that, an attorney will gather compelling evidence to support your case. This ensures that you have a legitimate claim that is more likely to be joined by the Government.

On top of your reward, you are also entitled to compensation for additional damages that result from your Qui Tam claim. This includes non-monetary damages for emotional distress and monetary damages for attorney costs and fees.

What is a Qui Tam Lawsuit?

A Qui Tam Lawsuit is a claim filed under the False Claims Act. This act is also known as ‘Lincoln’s Law’ because it was established during the Civil War in 1863. Since then, it has been amended many times. A Qui Tam Lawsuit enables private citizens (or relators) the power to file a lawsuit on behalf of the Federal Government for suspected fraud.

The Government can choose to intervene in these lawsuits to investigate the allegations made. If successful, the relator can receive a percentage of the funds recovered as a reward for their good deed.

What is a Qui Tam Relator?

A Qui Tam lawsuit involves a whistleblower who is known as a relator. This individual is the one who notifies the Government of fraud. A relator can be any individual who suspects their employer or another entity of committing fraud.

What Warrants a Qui Tam lawsuit?

Many actions may warrant a Qui Tam Lawsuit. According to the National Whistleblower Center, the following actions are violations of the False Claims Act:

• Fraudulently seeking a government contract
• Submitting a false application for a government loan
• Attempting to pay the Government less than what is owed
• Demanding payment for goods or services that do not conform to contractual or regulatory requirements
• Submitting a fraudulent application for a grant or government funds

How Much Can Be Recovered in a Qui Tam Lawsuit?

The reward for a successful Qui Tam claim varies and is dependent on many factors. Generally, a relator has the potential to receive up to 30% of the government funds recovered from a Qui Tam action. The total reward depends on the amount of funds that were recovered and the amount of government intervention that occurred.

According to the Department of Justice, a total of more than $2.2 billion was recovered from civil cases involving fraud against the Government during the 2020 fiscal year. However, each case is unique, and there is no guarantee on the amount of money you will receive.

What Could Prevent a Relator from Recovering a Reward?

You should be aware that there are rules that could prevent you from receiving a governmental reward. These include the first to file rule and the public disclosure bar.

First to File Rule

As the name suggests, the first to file rule states that a second relator is prohibited from filing a lawsuit to recover a reward. This means that you must act quickly if you suspect fraud. It may take time to file your lawsuit. Therefore, if you want to increase the chance of receiving your due reward, you need to file before anyone else.

Public Disclosure Bar

The public disclosure bar prevents relators from filing a qui tam case if similar allegations or transactions are apparent in the news media or federal courts. Furthermore, a qui tam claim is prohibited if it is already disclosed in a government report, hearing, audit, or investigation.

What if the Government Chooses Not to Pursue the Claim?

There is a chance that the Government might not choose to intervene in your case. In that situation, you can still successfully pursue a claim with your attorney. You also have a chance to be rewarded a higher percentage of the funds recovered since the Government chose not to intervene. However, the Government may ask the court to intervene at any time.

How Are Whistleblowers Protected?

If you have made a claim against your employer or another individual, you need to know how to protect your rights. The False Claims Act can provide relators with protection when filing a Qui Tam lawsuit. The act states that anyone who faces retaliation from their employer in the form of discharge, demotion, suspension, threats, harassment, or in any other manner is discriminated against in the terms and conditions of their employment is protected.

This act entitles individuals to reinstatement and compensation for attorney fees and additional damages. Our false claims act lawyers will advocate that your rights be upheld, granting you immunity while making your claim.

What is the Process for a Qui Tam Lawsuit

The process for filing a Qui Tam Lawsuit can be complex and requires the help of a dedicated attorney. It’s best to understand the claims process to know what you are up against.

According to the Department of Justice, to initiate a qui tam lawsuit, the relator must do the following:

• File the civil complaint under seal with the court
• Serve a copy of the complaint and a written disclosure of all evidence and information

From here, it is in the Government’s hands to determine whether they will take the case. The federal Government has 60 days from the date the claim was served to decide. It’s essential to be patient at this time.

If the Government chooses to intervene, they will either pursue a settlement or go to trial.