If Certain Facts about Your False Claims Act Case are Already “Publicly Disclosed”, Your Case is Subject to Dismissal and You May Get Nothing.
You Need Experienced Whistleblower Counsel.
To prevent “parasitic” lawsuits, the False Claims Act bars actions that are based on information of fraudulent use of public funds that is already “publicly disclosed” with certain exceptions and exclusions. You may not even know about the public disclosure, but its existence can jeopardize your qui tam lawsuit years after it was filed. Knowing what is publicly disclosed and how to get around the public disclosure bar requires some experience with the law.
Another unique aspect is the seal. Whistleblowers who wish to bring a False Claims Act claim must first present their evidence to the government, preferably with the help of an experienced whistleblower lawyer. While the government considers whether or not to intervene (join the case as lead counsel), the case is “under seal,” prohibiting discussion, or even the fact that a claim has been filed.
If certain facts about your False Claims Act case are already “publicly disclosed,” your case can be subject to dismissal. You need experienced whistleblower counsel to avoid situations like this. A Bothwell Law Group qui tam lawyer will also advise you on how to navigate the seal.
An Inexperienced Lawyer May Jeopardize Your Case. Consult a Whistleblower Lawyer who Specializes in False Claims Act Law
Even worse, sometimes a well-meaning but inexperienced attorney working on your behalf can jeopardize your case by triggering a public disclosure, a first to file issue, or potential breach of the seal during the course of investigating your claims. It is important to consult with a whistleblower lawyer who specializes in False Claims Act law and knows what constitutes a public disclosure, a first to file issue, and a seal so that they can investigate your case without putting it at risk.
The Bothwell Law Group False Claims Act lawyers whistleblower experts have successfully litigated public disclosure issues in courts around the country. We know how to safely investigate your whistleblower claims and provide evidence of the fraud without putting your case at risk. If there are already potential public disclosures, a Bothwell Law Group qui tam attorney knows how to fight the dismissal of your False Claims Act case.
Contact a False Claims Act Attorney
If there has been any mention of facts related to the defendants or your case in a government hearing, public document, or in the news media, you need experienced FCA counsel to evaluate your case. Call or click for a free evaluation with our experienced Bothwell Law Group False Claims Act attorneys.
“The court shall dismiss an action or claim under this section, unless opposed by the Government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed.” 31 U.S.C. § 3730(e)(4).