Qui Tam Lawsuits
Mobile, Alabama
If you have knowledge about a person or corporation that is committing fraud against the federal government, you can file a qui tam (whistleblower) lawsuit in an attempt to recover the government’s losses on their behalf. These lawsuits are often filed by current or former employees of the company defrauding the government; however, anyone with knowledge of the fraud may file a qui tam lawsuit.
If your whistleblower claim is successful, you will receive a portion of the damage award collected by the federal government.
Filing a Qui Tam Lawsuit
Qui tam lawsuits are filed in federal court and are governed by the provisions outlined in the Federal False Claims Act.
Your lawsuit is filed “under seal,” meaning that it is confidential. Only the government officials investigating the case have knowledge of the proceedings. The person accused of committing fraud against the government is not even informed of the lawsuit at this time.
The purpose of keeping the lawsuit completely confidential, even from the defendant, is to allow the government time to gather evidence and build a case. While the seal only lasts for 60 days, it is often extended as much as two years in order to give the government the time they need to adequately build their case.
Once the initial investigation is complete, the government will decide whether they want to join the case. If they decide to participate, the litigation is conducted jointly by your attorney and the government’s attorney. If the government decides not to join the case, you may still proceed on your own.
The Importance of Acting Quickly in Qui Tam Lawsuits
It is critical that you act quickly when filing your qui tam lawsuit. Under the Federal False Claims Act, there are statutes of limitations imposed on these cases. Often this may be as short as six years.
It is also important to file your claim quickly to ensure that another whistleblower doesn’t beat you to it. The False Claims Act stipulates that only the first person to file a qui tam lawsuit can proceed with the case. Therefore, if someone else with your knowledge of the fraud committed against the government files a lawsuit first, you will lose your opportunity to collect monetary damages in the claim.
Damage Awards
If your whistleblower case is successful, you will receive between 15-30% of the damage award recovered by the government, which is usually two to three times the amount that the government was actually defrauded. Often, these settlements can total hundreds of millions of dollars, so your percentage is likely to be substantial.
The False Claims Act also provides strong protection for employees who come forward to file qui tam lawsuits. Your employer will not be able to fire you, demote you, dock your pay, or discriminate against you in any way. The penalties for your employer retaliating against you are very strict and include:
- Forced reinstatement if you are terminated
- Recovery of lost wages
- Penalties that may be at least two to three times your lost wages
The experienced Alabama personal injury lawyers at Long & Waite, P.C. can help you in the pursuit of your whistleblower case. Please contact our Mobile, Alabama qui tam lawyers today to schedule your initial consultation.
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