Choosing A Qui Tam Attorney
Experienced Attorney Focusing on Qui Tam Lawsuits To Hold
Systemic Government Fraudsters Accountable
The Bothwell Law Group knows that most people don’t understand “lawyer-speak,” so if you’re confused about False Claims qui tam law, allow an experienced qui tam attorney clear it up and clarify a few terms.
The False Claims Act encourages whistleblowers to come forward with information of misuse of federal, state, and local funds by offering a percentage of whatever is recovered in the False Claims Act lawsuit to the whistleblower. It also offers protection from retaliatory action. The False Claims Act was created during the Civil War and is often referred to as Lincoln’s law. Proponents believed that offering a financial reward was the best way to encourage whistleblowers to take the risk to come forward.
Amended in 1986, the qui tam statute was strengthened, allowing private citizens to sue the wrongdoers on behalf of the federal government. Proponents felt that the ability to act when the Government might not provided whistleblowers with an incentive to see the matter through to the end. Those who bring such False Claims Act lawsuits are entitled to a percentage (capped at 30%) of the damages recovered. Damages are always trebled and penalties are also automatically added. Legal fees and costs are also recoverable in successful lawsuits.
Qui Tam whistleblowers benefit from using an experienced False Claims Act lawyer focused exclusively on successfully litigating qui tam cases. Undivided attention ensures clients of focused representation and years of experience in one field translates into well-honed approaches to negotiation and litigation that are more likely to result in high dollar settlements.
From healthcare kickbacks and Stark Law violations to Defense Contractor fraud and misuse of Government money, attorney Mike Bothwell at Bothwell Law Group is well respected for his reputation for knowledge, success, and aggressive approach.
Our winning record on qui tam verdicts has proven his ability to recover the highest possible settlements for Georgia whistleblowers. Past cases include a $320 million settlement for home loan fraud, $86 million for hospital Stark and Kickback healthcare fraud and $127 million for national mental health fraud under the False Claims Act against. The Bothwell Law Group’s ability to work well with the United States Federal Government, as well as the various State Governments is further proof that decades of experience make the difference.
The Persistence To Hold Wrongdoers Accountable
Mike Bothwell understands that some cases may take years to bring to conclusion. When he took on mortgage giants Taylor Bean & Whitaker Mortgage Corporation (TBW) and Home America Mortgage, Inc., it took seven years of perseverance to bring the case to successful conclusion. When he took on Lockheed Martin Corp., it took sixteen years to finish.
For more information on our long history litigating whistleblower cases, contact the Bothwell Law Group.
A Winning Record FOR Qui Tam Verdicts
Experience and success only come from decades of litigation practice. Whistleblower law attorney Mike Bothwell was there in the beginning by filing one of the first Medicare FCA cases in the nation.
Bothwell Law Group represents whistleblowers with information concerning fraud or misuse of Government money in any field including:
- Healthcare/Medical Fraud
- Medicare Fraud
- Anti-Kickback Statute and Stark Law Violations
- Federal Contract Fraud
- Defense Contractor Fraud
- Fraud on the Military
- Federal Grant Fraud
- For-Profit Education Fraud
- Department of Veterans Affairs (VA) Fraud
- Housing and Urban Development (HUD) Fraud
- Medical Billing Fraud
- Hospital Fraud
- Off-label Pharmaceutical Marketing
- Nursing Home Fraud
- Hospice Care Fraud
- Home Health Fraud
Qui Tam Litigation
Common Types of Government Fraud:
- Medicare and Medicaid Fraud
- Defense Contracting
- Healthcare Fraud
- Upcoding
- Overcharges
- Unreturned Overpayments
- Stark and Kickback Violation
Whistleblowers, those who report individual or business misuse of Government funds, do so at some risk. The False Claims Act protects whistleblowers from job retaliation and rewards them for exposing the fraudulent use of Government funds. The False Claims Act was amended in 1986, strengthening a qui tam statute, which allows an ordinary citizen (known as a “relator”) to file the lawsuit on the Government’s behalf, giving them a percentage of the recovered funds (from 15%-30%). Potential whistleblowers in any state in the country should choose a False Claims Act litigation lawyer like Mike Bothwell with a solid background of successful recovery for whistleblowers from Washington State to Florida and from New York to California.
Some forms of fraud, such as Medicare Fraud and Defense Contractor Fraud, are litigated in slightly different ways. Consult with a whistleblower lawyer at the Bothwell Law Group to determine how best to approach your individual case.
Need Advice? Let Us Guide Your Case to Successful, Maximum Dollar Recovery
There are restrictions. If an individual decides to proceed without benefit of legal counsel, he or she may not bring a qui tam action. Qui Tam lawyers at the Bothwell Law Group advise whistleblowing clients and draw on a skilled team of experts in the Government Fraud field to guide each case to a successful, maximum dollar recovery. Our firm focuses exclusively on whistleblower litigation/qui tam cases.
Once a lawsuit is filed, it is placed “under seal” by a Federal Judge and cannot be discussed until the government has decided whether or not to intervene (join) in the lawsuit. Speaking of a fraud case while under seal, even hinting at the possibility of a lawsuit, may lead to disqualification and the forfeiture of any reward.
The seal is lifted once the government decides whether or not to join the suit. The Bothwell Law Group’s qui tam litigation attorneys have a solid history of working in partnership with the Government, knowing that such actions have a greater likelihood of successful recovery.
Choose an attorney who is well respected in the field of litigating/negotiating for the highest possible settlements for individuals. Our exclusive focus on False Claims Act qui tam representation ensures that we will put all our resources and energy in your case. Contact a Whistleblower Attorney at the Bothwell Law Group and protect your whistleblower rights and interests today.
Third Party Legal Reviews
Avoid These Pitfalls By Consulting with An Atlanta Qui Tam Attorney:
- Revealing evidence while the claim is still “Under Seal”
- Basing your claim on evidence not considered “original”
- Exceeding the Statute of Limitations
- Not being the “First to File”
If someone discovers your evidence or brings action based on their own knowledge before you do, you will lose your right to file. Don’t delay. Even if you are not completely decided, discussing your options with a qualified north Georgia whistleblower protection lawyer will ensure that you’ve explored your claim from every possible angle.
Filing without benefit of legal counsel may disqualify your right to claim
Other pitfalls include job retaliation. While every effort is made to keep a whistleblower’s identity secret, some bosses/co-workers put two and two together and then “punish” the whistleblower by any means, from outright firing or demotion to ridicule and pay cuts. These actions are illegal under the False Claims Act. North Georgia whistleblowers who have suffered on-the-job retaliation should contact a Roswell workplace retaliation protection attorney at Bothwell Law Group. We’ll help you protect your job rights, including those who fail to rehire.
Frequently Asked Questions About Qui Tam
Qui tam lawsuits, often referred to as “whistleblower” cases, involve individuals who report fraud against the Government or misuse of Government money. Whistleblowers are entitled to a portion of any recovered funds.
Let’s dive into some frequently asked questions about qui tam actions:
1. What is qui tam?
Qui tam is a Latin term that means “he who sues for the king as well as for himself.” In legal terms, it refers to a provision within the False Claims Act (FCA) and similar statutes that allows private individuals, known as “relators,” to file lawsuits on behalf of the Government when fraud has been committed against Government programs or contracts.
2. What is the False Claims Act (FCA)?
The False Claims Act is a federal law enacted to combat fraud against the Government. It imposes liability on individuals or entities that submit false claims for payment to government programs. The FCA includes a qui tam provision, which enables private individuals to sue on behalf of the Government and share in any recovered funds.
3. Who can file a qui tam lawsuit?
A qui tam lawsuit can be filed by an individual, often referred to as a “whistleblower” or “relator,” who has knowledge of fraudulent activities committed against government programs or contracts. The whistleblower may be an employee, contractor, or any other individual with relevant information about the fraud.
4. What types of fraud can be the basis of a qui tam lawsuit?
Qui tam lawsuits can be brought for various types of fraud, including healthcare fraud, Medicare or Medicaid fraud, procurement fraud, defense contractor fraud, and more. Any program that provides Government money is subject to the False Claims Act. Examples include submitting false Medicare or Medicaid claims, providing substandard goods or services to the government, or misrepresenting information to secure government contracts.
5. What is the role of the government in qui tam cases?
In qui tam cases, the Government has the option to intervene and take over the lawsuit. If the Government intervenes, it becomes the primary party in the case. If the Government chooses not to intervene, the whistleblower can continue the lawsuit on their own.
6. What are the potential rewards for whistleblowers?
Whistleblowers who successfully bring a qui tam lawsuit and recover funds for the Government can be rewarded with a percentage of the recovered amount. This reward ranges from 15% to 30% of the total recovery, depending on various factors.
7. Are qui tam cases confidential?
Qui tam cases are filed under seal, meaning they are kept confidential while the Government investigates the allegations. This allows the Government to gather evidence and decide whether to intervene without alerting the alleged wrongdoer.
8. Can whistleblowers face retaliation?
The False Claims Act includes provisions that protect whistleblowers from retaliation by their employers. If a whistleblower faces adverse employment actions as a result of their reporting or just trying to get the company to follow the law, they may have legal remedies available.
9. Can state governments have qui tam provisions?
Many states have their own False Claims Acts with qui tam provisions that apply to fraud committed against state government programs. These laws are often modeled after the federal False Claims Act and provide similar protections and incentives for whistleblowers.
10. How long do I have to file a qui tam lawsuit?
Qui tam lawsuits must be filed within a certain period, known as the statute of limitations. The timeline varies depending on the specific circumstances of each case. Consulting with an attorney experienced in qui tam cases can help determine the appropriate timeframe for filing.
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