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 Below please find FAQs regarding Whistleblowers and the False Claims Act.
If you wish to submit a Whistleblower case for a free evaluation and wish to get more detailed information regarding a Whistleblower claim, please go to www.njwhistleblower.com.
In addition, there are times when such a claim has an associated class action that the Firm may elect to pursue.
What is the False Claims Act (Qui tam)?
The False Claims Act is 31 U.S.C. Sections 3729 through 3733. Qui tam lawsuits, under the False Claims Act, allows persons and entities with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the United States Government. In Qui tam actions, the government has the right to intervene and join the action. Qui tam is a Latin expression meaning, "he who brings an action for the King as well as himself." The person filing the suit is legally referred to as the "relator" in a qui tam lawsuit.
False Claims Act suits are often related to Medicare, Medicaid or other health care fraud, defense department fraud and contracting fraud.
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What Actions are Considered Violations under the False Claims Act?
Actions which are considered violations of the False Claims Act include: (1) knowingly presenting (or caused to be presented) to the federal government a false or fraudulent claim for payment; (2) knowingly using (or causing to be used) a false record or statement to get a claim paid by the federal government; (3) conspiring with others to get a false or fraudulent claim paid by the federal government; and (4) knowingly using (or causing to be used) a false record or statement to conceal, avoid, or decrease an obligation to pay money or transmit property to the federal government.
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Who Can File a Qui tam Action?
Any person or entities with evidence of fraud against federal programs or contracts may file a Qui tam lawsuit.
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What are the Civil Penalties Under the False Claims Act?
Violators of the False Claims Act are liable for three times the dollar amount that the government is defrauded.
A qui tam plaintiff (relator or whistleblower) can receive between 15 and 30 percent of the total recovery from the defendant, whether through a favorable judgment or settlement. To be eligible to recover money under the Act, you must first file a qui tam lawsuit. Merely informing the government about the violation is not enough. You only receive an award if, and after, the government recovers money from the defendant as a result of your suit.
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