Qui Tam Whistleblowers
We assist individuals or entities seeking to file qui tam lawsuits under the False Claims Act (“FCA”) and report fraud against the federal government. Our experience as former federal prosecutors gives us the expertise to accurately evaluate potential cases and to navigate the complex interactions with the civil and criminal divisions of the Department of Justice (the “DOJ”).
Under the FCA, private citizens with evidence of fraud against a government program may file a lawsuit on behalf of the United States to recover up to treble damages and various fines and penalties. Relators who file successful qui tam actions are entitled to a portion of the United States’ recovery, which may be as much as thirty percent.
Preparing a clear and concise complaint and gathering the right evidence for an effective disclosure statement are critical steps in bringing an effective qui tam action. Qui tam cases may also result in parallel criminal and civil investigations. Navigating these simultaneous actions and the interactions with both the criminal and civil divisions of the DOJ can be one of the most important tasks for relator’s counsel. This is particularly true where the relator had some involvement in the disclosed misconduct. Potential relators must first evaluate their own regulatory exposure, and when necessary, must simultaneously prepare their defense and their affirmative qui tam filings.
At Elliott Sauter, our attorneys working on affirmative qui tam actions have experience with both civil and criminal FCA matters. We assist clients first in mitigating any personal exposure, and then in preparing an effective lawsuit and providing assistance to the DOJ in a manner calculated to maximize government and relator recovery.