Qui Tam/False Claims Act Lawsuits
Levy Konigsberg’s dedicated whistleblower attorneys represent individuals pursuing False Claims Act (or “qui tam”), SEC, CFTC, and IRS whistleblower cases. Our clients include doctors, accountants, nurses, corporate officers, industry insiders, and even competitors of the defendants—courageous individuals who decided to step forward to bring wrongdoers to justice, often at significant personal risk.
If you have knowledge of a company’s wrongful conduct or illegal practices, reach out to Levy Konigsberg today. Whistleblowers, or those who notify the government of unlawful practices by corporations and other commercial entities, may be entitled to a portion of the government’s recovery. It is important that you work with a knowledgeable attorney, like ours at Levy Konigsberg, as these claims are complex and difficult to navigate without the help of a skilled legal team.
What Are Whistleblower Claims?
Corporate greed is costing the government and taxpayers billions of dollars each year. Luckily, the government has a secret weapon: you, the whistleblower. By working with experienced whistleblower attorneys, you can expose corporate fraud and be rewarded with a percentage of the government’s recovery.
The most recent figures offer proof that whistleblower incentives are an effective tool. In 2016, the U.S. Department of Justice recovered $2.9 billion from qui tam cases brought under the False Claims Act, resulting in $519 million in awards to whistleblowers. The fledgling SEC and CFTC Whistleblower programs paid out more than $57 million and more than $10 million in whistleblower rewards, respectively, in cases that generated hundreds of millions in penalties while the IRS Whistleblower Program paid out more than $61 million in whistleblowers rewards following a record year of submissions.
How Whistleblower Claims Work
It is important to speak with an attorney early in the whistleblower process. This can aid the whistleblower in making informed decisions and avoiding pitfalls.
Should you decide to contact us, you can expect the following process:
- First, we provide a confidential, no-cost case evaluation to determine if we can provide representation.
- Next, we provide a straightforward assessment of the strengths, weaknesses, and potential risks associated with your case.
- Should you decide to proceed, we will send you a written agreement that sets forth the terms of our representation.
All of our whistleblower cases are handled on a contingency basis. That means that our fee is a percentage of your award, and you will not be charged hourly fees or other costs. If the case is not successful, you owe us nothing.
Types of Whistleblower Cases
The most successful tool the whistleblower has is the False Claims Act. Also known as a qui tam case, the False Claims Act allows an individual to file a lawsuit on behalf of the government against individuals and corporations that have defrauded government-funded programs.
- Healthcare fraud
- Government fraud
- Mortgage fraud
- Education fraud
- Customs fraud
- State False Claims Act cases
If successful, you may be rewarded with up to 30% of the government’s recovery. False Claims Act cases are handled by the United States Department of Justice (DOJ).
Other whistleblower programs include the:
- SEC Whistleblower Program
- CFTC Whistleblower Program
- IRS Whistleblower Program
The False Claims Act and other whistleblower programs often involve complex procedural requirements. We can help you navigate these programs. In addition, whistleblowers who are represented by an attorney can remain anonymous when filing complaints with the SEC, CFTC, or IRS Whistleblower Programs.
What Makes A Good Case?
If you’re ready to stand up for your beliefs and expose fraud against the government, ask yourself the following questions before giving us a call:
1) Is there fraud against a government program or illegal activity that can be pursued by the DOJ, SEC, CFTC, or IRS?
Only certain types of illegal activity can qualify for a whistleblower reward. Check out our program specific pages to see if your information is the type that could lead to a successful whistleblower action.
2) Did I learn about this fraud firsthand, and am I the first person to alert the government?
The whistleblower programs are designed to provide incentive for alerting the government about non-public fraud and illegal schemes. That means you need to have original evidence that is not already the subject of an enforcement action or news story. The longer you wait to report the fraud, the worse your chances are to recover a reward.
3) Can I prove it?
You need to possess tangible evidence that the fraud is occurring. This includes emails, documents, meeting minutes, spreadsheets, text messages, pictures, and anything else that could corroborate your story. If possible, speak to an attorney before attempting to obtain evidence of the wrongdoing.
4) Do I understand the whistleblowing process?
To be eligible to receive a reward, it takes significant work and dedication on your part. You will likely need to work closely with your attorneys and assist the government in investigating the case. Often, it can take multiple years for a case to reach a resolution.
5) Is the fraud more than $10 million dollars?
The whistleblower attorneys at Levy Konigsberg handle large, complex whistleblower cases that require a great deal of time and experience to handle. We are well-versed in this area of law and have the necessary resources to effectively pursue these types of cases.
Why Choose Levy Konigsberg?
We are a nationally recognized trial, litigation, and appellate firm, a leader in qui tam litigation, and one of the country’s most respected law firms in the field of complex litigation, product liability, personal injury, and wrongful death. It is our consistent track record of winning landmark decisions and multimillion-dollar verdicts that sets us apart from other law firms.
The partners at Levy Konigsberg have dedicated themselves to developing an innovative, full-service litigation practice. We have considerable resources at our disposal to fully research, analyze, and prosecute every case while providing our clients with clear, forceful, and personalized representation.
Since our founding in 1985, Levy Konigsberg has tried and won numerous high-profile cases brought against large American and foreign corporations, pharmaceutical manufacturers, hospitals, physicians, auto and truck companies, aircraft manufacturers, corporate landlords, and general contractors. At the appellate level, we have often appeared before the highest state and federal courts, going all the way to the Supreme Court in our quest to achieve justice for our clients.
We have great understanding and compassion for honest citizens who see fraud against the government and feel uneasy about reporting it. Remember: You can fight fraud—and win—because the law is on your side.
Schedule a Free Consultation with Our Whistleblower Attorneys
Our national qui tam attorneys have the dedication and resources to effectively prosecute False Claim Act and other whistleblower cases. We can protect your rights, fight fraud, and work tirelessly to obtain the compensation you deserve.
If you have knowledge and proof of fraud against the government, give us a call today at (800) 315-3806 for a free consultation with an experienced whistleblower attorney.
Whistleblower Claim FAQs
What is the False Claims Act?
The False Claims Act is a federal statute that makes it illegal to submit (or cause to be submitted) false or fraudulent claims, or false statements in relation to false or fraudulent claims, to the federal government for payment. Under the False Claims Act, private citizens are permitted to file lawsuits on behalf of the federal government in response to such fraudulent acts and potentially receive a portion of the government’s monetary recovery. Individuals are also protected from retaliation when they file these suits (known as “qui tam” claims) under the False Claims Act.
Do states have their own False Claims Acts?
In addition to the federal government, states, cities, and counties also have their own False Claims Acts. Currently, there are 29 states, 3 cities, and 1 county with their own False Claims Act statutes with corresponding qui tam provisions.
What is qui tam?
The qui tam provisions of the False Claims Act allow a private person, known as a relator, to file a lawsuit for violations of the Act on behalf of the government. If the case is successful, the relator is entitled to between 15% and 30% of the government’s recovery from the defendant(s).
Do I need an attorney to file a False Claims Act case?
Under the False Claims Act, the relator is required to hire an attorney.
How do I file a qui tam case?
First, you and your attorney work together to file a complaint under seal. This means that there is no public access to the complaint, and no one can access or make a copy of your complaint while it is under seal. Next, you serve the government a copy of the filed complaint and a disclosure statement. A disclosure statement is a memorandum that includes all of the evidence, factual information, and the important information known to the relator based on their exposure to the fraud. If the case concerns just the federal False Claims Act, the complaint and disclosure statement are served on the Attorney General of the United States and the United States Attorney for the district in which the complaint was filed. If the case also concerns the state, city, or county False Claims Act, the corresponding fraud units also receive the complaint and disclosure statement.
Can I file a qui tam action anonymously?
No. Unlike the SEC, IRS, and CFTC whistleblower programs, you should expect your identity to become public if you decide to file a qui tam lawsuit.
If I file a False Claims Act case, am I protected from retaliation?
Yes. Section 3730(h)(1) of the False Claims Act provides that relators are entitled to the necessary relief if you experience adverse actions as a result of being a whistleblower.
As a qui tam whistleblower, how much money will I be rewarded?
If the government intervenes in your case and concludes that fraud has occurred, you as the relator are entitled to a portion of the money recovered from the defendant(s). The False Claims Act allows a reward amount between 15 and 30 percent of the money recovered by the government. The relator’s share is determined by the government.
Can two or more whistleblowers file a case together?
What is the statute of limitations in a qui tam case?
The statute of limitations (or deadline for filing a suit) in qui tam cases is 6 to 10 years, depending on various circumstances. However, it is always advisable to consult an attorney as soon as possible.
Can Levy Konigsberg represent me even though I am located in a different state?
Yes. We have offices located in New York, New Jersey, California, Georgia, Washington, and Maryland. We represent clients from all over the United States. International whistleblowers may also be eligible for False Claims Act and other whistleblower rewards.
Does the False Claims Act cover tax fraud?
No. The False Claims Act explicitly excludes tax fraud. Section 3729(e) states that the Act “does not apply to claims, records, or statements made under the Internal Revenue Code.” However, information regarding tax fraud could qualify for rewards under the IRS whistleblower program and various state False Claims Acts. For more information about tax fraud, please visit our Tax Fraud page.
Does the False Claims Act cover the securities fraud or commodities fraud?
No. However, information regarding securities fraud or commodities fraud could qualify for rewards under the SEC whistleblower program or CFTC Whistleblower Program. For more information about securities fraud, please visit our Securities Fraud page. For more information about commodities fraud, please visit our Commodities Fraud page.
What are Levy Konigsberg’s attorneys’ fees?
Levy Konigsberg represents clients in all whistleblowers matters on a contingency fee basis. This means that our attorneys’ fees are a percentage of the whistleblower reward, if any. If your case is not successful, you are not responsible for money we expend for handling your case.
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