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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.

Factors Affecting Relator’s Share

Positive Factors

The relator reported the fraud promptly.
When he learned of the fraud, the relator tried to stop the fraud or reported it to a supervisor or the Government.
The qui tam filing, or the ensuing investigation, caused the offender to halt the fraudulent practices.
The complaint warned the Government of a significant safety issue.
The complaint exposed a nationwide practice.
The relator provided extensive, first-hand details of the fraud to the Government.
The Government had no knowledge of the fraud.
The relator provided substantial assistance during the investigation and/or pretrial phases of the case.
At his deposition and/or trial, the relator was an excellent, credible witness.
The relator’s counsel provided substantial assistance to the Government.
The relator and his counsel supported and cooperated with the Government during the entire proceeding.
The case went to trial.
The filing of the complaint had a substantial adverse impact on the relator.

Negative Factors

The relator participated in the fraud.
The relator substantially delayed in reporting the fraud or filing the complaint.
The relator, or relator’s counsel, violated FCA procedures:
- complaint served on defendant or not filed under seal
- the relator publicized the case while it was under seal
- statement of material facts and evidence not provided
The relator had little knowledge of the fraud or only suspicions.
The relator’s knowledge was based primarily on public information.
The relator learned of the fraud in the course of his Government employment.
The Government already knew of the fraud.
The relator, or relator’s counsel, did not provide any help after filing the complaint, hampered the Government’s efforts in developing the case, or unreasonably opposed the Government’s positions in litigation.
The case required a substantial effort by the Government to develop the facts to win the lawsuit.
The case settled shortly after the complaint was filed or with little need for discovery.

Qui Tam Whistleblowers

Factors Affecting Relator’s Share

Contact

Elliott Sauter, PLLC