False Claims Act Archives - National Whistleblower & Government Fraud Settlement Attorney

Elements of Good Qui Tam Lawsuits

Posted on December 12, 2017December 27, 2017 by Mike Bothwell

If you think you have discovered your employer has been committing fraud against the federal government, you may have a whistleblower case. Referred to as qui tam lawsuits, they are authorized under the False Claims Act.

This provides a viable way for ordinary citizens to bring an action against perpetrators of fraud against the government. The False Claims Act also provides the whistleblower protection from retaliation. If the government chooses to intervene, there is potential for a large reward for you if you are the relator, the term for the one who brings the legal action.

Not every situation that appears a company or person has committed fraud has the necessary elements to become a qui tam lawsuit. There are some important factors for you to consider in determining whether or not you have a case.

Acts That May Give Rise to Qui Tam Lawsuits

The False Claims Act defines types of violations that may give rise to qui tam lawsuits.

Knowingly presenting false or fraudulent claims for payment to the government.
Submitting a false record to the federal government in order to have a claim paid.
Knowingly being part of a conspiracy to ask the government to pay false claims.
Submitting a knowingly false statement or record to the government in order to avoid an obligation to transmit funds or property to it.

If you are aware of any of the activities, you may be on your way to filing a qui tam action. You still have some questions to answer for yourself before you pursue litigation.

Factors to Consider Before Filing your Qui Tam Action

A qui tam attorney will help you find your way through the false claims jungle. But, some questions you should answer before contacting legal counsel include:

Has there really been fraud? Do not confuse mismanagement, waste or a contractual dispute with fraud.
What evidence do you have to support your claim? This is a touchy area. You need to have more than just your word against the company that you claim is acting fraudulently. Do you have emails? Work logs? Any company records that are not proprietary? There is a fine line between documentation that you obtained legally and company records that are confidential and to which you do not have legal access.
Is this the type of action where you believe the government will intervene? Without government intervention, many cases are dismissed by courts on the theory that if the government will not intervene, the case may not have merit.

There are many other requirements and nuances involved in filing a qui tam lawsuit. An experienced qui tam lawyer will evaluate your information and help you know if you have a case. Contact us today. We would be happy to help you determine whether you’ve got a case.

What are Qui Tam Lawsuits?

Posted on December 8, 2017December 8, 2017 by Mike Bothwell

We get asked frequently “What are Qui Tam Lawsuits?” When someone has knowledge of fraudulent activity, that person is a relator and files a law suit on behalf of the government. This is quite different from the average lawsuit. In a qui tam lawsuit, the person bringing the suit is not the one harmed. After conducting their own investigation, the government may or may not join the case.

Thanks to the qui tam provision of the False Claims Act, the government encourages citizens to come forward with any information about entities defrauding federal programs. This allows the government a chance to recover part or all of the stolen funds. Without these private citizens, or “whistleblowers”, coming forward, the government often would not have been aware of the fraudulent activity. Therefore, the relator, or whistleblower, becomes entitled to receive a financial reward for their service to the country. Rewards will come if the litigation is successful.

What is the False Claims Act?

The False Claims Act is a federal law imposing liability on companies and individuals who defraud the U.S. government. Within the False Claims Act, there is a qui tam provision. This allows the individuals who know of the fraud against the government to “blow the whistle” on the illegal activities.

The False Claims Act requires either the Attorney General or an attorney with the Department of Justice to investigate any allegations of fraud against the government.

How long does the investigation take?

The government has 60 days to investigate any and all allegations posed in your complaint. However, they can request additional time if needed. After the investigation ends, a decision will be made as to whether or not the government will intervene in your case.

What happens if the government intervenes in my qui tam lawsuit?

The government may decide to intervene in your qui tam lawsuit. If so, the case will either be resolved through a settlement or a jury verdict.

What happens if the government does not join my qui tam lawsuit?

The government may decide not to intervene in your qui tam, or whistleblower lawsuit. Then your qui tam lawyer will help you decide if you should continue with the case or drop the case. If the government declines to participate in your qui tam lawsuit, that does not necessarily mean you do not have a valid case.

What should I do if I have a qui tam lawsuit?

Do you think you may have grounds for a qui tam lawsuit? You need to make sure to protect yourself and your rights. An experienced qui tam lawyer will walk you through the entire process of a qui tam lawsuit. They will let you know your rights and how to protect yourself as well as how to proceed with your case.

Why Would I Need a Medicare Fraud Attorney?

Posted on December 5, 2017December 8, 2017 by Mike Bothwell

If you’re considering reporting Medicare fraud or have been the victim of retaliation for blowing the whistle, you may want to consider talking to a Medicare fraud attorney. Whistleblower laws are complex. In order to receive protection, you have to have reported an actual violation. The Medicare laws are complex. Without a strong background in Medicare law, even an experienced attorney may struggle to properly evaluate whether Medicare fraud occurred.

What Does a Medicare Fraud Attorney Do in a Whistleblower Case?

A Medicare fraud attorney’s job is to help you determine whether a Medicare violation occurred. If you are considering blowing the whistle, you may need help to prove that a violation occurred. The Medicare system is complex. Therefore, it is easy to feel that something is not quite right when a company is actually in full compliance with the law. Speak to a Medicare fraud attorney about the situation to find out whether an actual violation occurred. They can help you avoid a situation where you lose your job because of a mistaken fraud report. It’s important to know what whistleblower laws protect – and what they do not protect. Because of attorney-client confidentiality rules, you can almost always ask your own attorney for advice. That’s true even if you have a nondisclosure or confidentiality agreement with your employer.

Have you already made a report? Your employer will likely do everything they can to prove that no violation occurred. They will likely call on an experienced legal team who will work hard to find every possible defense and loophole. If they succeed, you may lose whistleblower protections. Working with your own experienced attorney can help. This way, you can ensure your claims are evaluated on their merits and not by your employer being able to outmaneuver you legally.

How a Medicare Fraud Claim is Evaluated

Medicare fraud typically involves some sort of false statement by a company. They may over-bill for services rendered or bill for services they never rendered. They may also engage in price-fixing. Finally, they may follow other non-competitive practices while claiming to operate under fair and open practices that give patients the best rates possible under market conditions.

When a fraud allegation is made, they will typically produce the falsified records as proof that everything was done properly. The key to proving a fraud claim is understanding how to exploit weaknesses in these documents. Furthermore, success depends on knowing how to use the available legal procedures to secure additional evidence that undermines the validity of these documents. This can be a monumental task for a layperson, especially if you are simultaneously fighting for your livelihood.

To schedule a consultation with an experienced Medicare fraud attorney, contact Bothwell Law Group today.

How Do I Find a Good False Claims Act Lawyer?

Posted on December 1, 2017December 8, 2017 by Mike Bothwell

Federal False Claims Act claims are among the most complex legal claims. They stretch across multiple substantive areas of the law. They also have more procedural steps to take than a standard legal claim. All attorneys are technically qualified to work in every area of the law. However, the False Claims Act lawyer you choose can make or break your claim. There are a few things you may want to consider looking for in a False Claims Act lawyer.

Experience in a Specific Field

The False Claims Act covers many different types of fraud. This includes Medicare and Medicaid, disaster relief funds, defense contracting, and more. An attorney will need to be able to show that specific laws relevant to the industry were violated. Therefore, they will need to be familiar enough with the industry to know what evidence to look for and how to get it. An attorney with extensive experience in financial services industry may not know how to analyze medical billing records and build a strong Medicare fraud case.

Experience Working With the Government

All qui tam litigation under the False Claims Act must be reviewed by the Department of Justice. In many cases, the DOJ will take over the litigation. As a matter of legal procedure, all information that a whistleblower has must be turned over to the Government. However, it helps to ensure that the Government can pursue the case successfully. Hence, it can be helpful to have an attorney who knows how to present the potentially thousands of pages of documents in a way that highlights the most important information and makes the job of an overworked Government attorney easier.

Ability to Back Litigation

Lawsuits can easily have tens or hundreds of thousands of dollars in filing fees. There are also costs of obtaining and reproducing costs, travel expenses for witnesses, and deposition fees. Often, a large firm may be able to cover these fees pending a court order that the defendant reimburse them. However, a small firm may not have the financial resources to proceed. Additionally, a small firm attorney may not be able to provide enough attention to the case if they need to continue to take other cases to pay their daily bills.

A Track Record of Success

Past results are never a guaranteed of future success. However, they are one possible indicator that an attorney has the knowledge and experience to handle a similar claim. An attorney with a lengthy track record has already likely made and learned from the mistakes that a less experienced attorney might make that could damage or delay a case.

To speak with an experienced False Claims Act lawyer, contact the Bothwell Law Group today.

How Can I Report Misconduct under Whistleblower Legislation?

Posted on November 6, 2017November 10, 2017 by Mike Bothwell

Moving forward with whistleblower legislation is big step, especially if you have never reported fraudulent activity before. Do you have knowledge of illegal, fraudulent, or neglectful activity by an individual or organization receiving government funds? You can report misconduct under whistle blower legislation.

Who Can Report Misconduct under Whistleblower Legislation?

The False Claim Act makes is possible for individuals who are aware of illegal, abusive, or unsafe practices to file a lawsuit. By reporting the fraud, whistleblowers can play a crucial role in recovering funds obtained through fraudulent activity. Therefore, the law allows anyone to report misconduct, including:

Private citizens who have evidence of misconduct
Government employees who have evidence of misconduct
Military members who have evidence of defense contractor fraud
Employees of contractors who receive government funds, and
Finally, employees of physicians or healthcare organizations who receive government funds.

How Can I Report Misconduct under Whistleblower Legislation?

There are two specific ways someone with knowledge of misconduct can become a whistleblower. First, you can report fraud by offering an anonymous tip to the organization responsible for whistleblowing in your state. When you call, you will need to offer detailed information concerning the service that was being provided. You will also need to provide evidence of the fraud and name the person responsible for the fraud.

Second, you can file a complaint under whistleblower legislation. The whistleblower law makes it possible for individuals with knowledge of fraud to file a lawsuit on behalf of the United States government. With the help of an experienced whistleblower attorney, you can share the evidence you have obtained and aid in the recovery of illegally obtained government funds.

Will I Be Rewarded for Reporting Misconduct under Whistleblower Legislation?

Becoming a whistleblower is a sacrifice. You are protected from retaliation under the law. However, your reputation and relationships in your workplace may suffer after you report fraud by your employer. Therefore, as a reward for doing the right thing, you may receive as much as 30 percent of the recovered government funds.

How to Hire a Whistleblower Law Attorney

When you hire a lawyer who has experience filing lawsuits under the False Claims Act, they will guide you through every step of the lawsuit. Experienced lawyers can help you gather your evidence against the fraudster. Also, they understand the steps to take to protect you against retaliation. Furthermore, a skilled attorney will increase the likelihood of receiving the reward you deserve for assisting the recovery of government funds.

If you feel you have grounds for reporting suspected fraud, you can report misconduct with the help a skilled attorney. Contact the experienced whistleblower legislation attorneys at Bothwell Law Group by calling 770.643.1606 today.

What Types of Cases Do Qui Tam Lawyers Handle?

Posted on October 9, 2017October 3, 2017 by Mike Bothwell

Since the False Claims Act was amended in 1986, qui tam lawyers are now able to work with ordinary citizens who want to blow the whistle on fraudulent use of government funds. This amendment allows the relator to pursue a portion of the recovered funds as a reward for filing a complaint against the organization or company committing fraud. Also, the law protects relators against retaliation of any kind. The law equips them to pursue compensation if they are the victims of retaliation as a whistleblower.

There are various types of cases qui tam lawyers handle. Each has its own unique set of circumstances to consider when filing a claim. The qui tam lawyers at Bothwell Law Group can assist you in filing a claim, increasing the chances of you receiving the reward you deserve for your actions.

Continue reading below to learn more about the types of cases handled by qui tam lawyers:

Defense Contracting

First of all, sometimes contractors with the U.S. government falsely report information concerning a product they manufacture for the U.S. military. Or, they may charge the U.S. government for a service, product, or supply they provide the military. Hence, they may be liable in a qui tam lawsuit.

Medicare and Medicaid Fraud

If a healthcare organization is submitting fraudulent claims to Medicaid or Medicare, they may be liable in a qui tam lawsuit. Fraudulent activity could include billing for services not received. Furthermore, misrepresenting services received, or misdiagnosing a patient to allow for billing of additional services is prohibited.

Unreturned Overpayments

Also, healthcare organizations guilty of failing to return overpayments made by Medicare or Medicaid may be liable in a qui tam lawsuit.

Bid Tampering

In addition, companies contracted to provide services or products to the U.S. government sometimes tamper with or “rig” the bids in the contract. They may be liable in a qui tam lawsuit. Bid-rigging most commonly occurs with companies agreeing in advance among themselves to bid a certain way. Hence, one company will win while the other collects “loser fees.”

Upcoding

Finally, healthcare agencies sometimes bill Medicare or Medicaid for a more serious diagnosis or more expensive procedure. They hope to obtain over payment for an unnecessary service. They may be liable in a qui tam lawsuit. In some cases, this also takes the form of unbundling. Certain medical tests and procedures are typically billed in a bundle. In some cases, healthcare providers will unbundle these procedures in order to obtain further compensation or disguise double billing.

Do you have evidence of defense contracting fraud, Medicare or Medicaid fraud, bid-tampering or any other fraudulent activity? You may have grounds for a qui tam lawsuit. You can learn more about filing a False Claims Act lawsuit. Most of all, if you call 770.643.1606, you can speak with an experienced qui tam lawyer at Bothwell Law Group.

Legal Aspects of the Protection for Whistleblowers

Posted on October 2, 2017October 3, 2017 by Mike Bothwell

If you are aware of fraudulent activity in your workplace, your first question may be whether there are laws outlining protection for whistleblowers. You want to do the right thing by reporting the immoral actions happening in your workplace. However, you also have a family to provide for and protect. There is good news. There are laws in place protecting whistleblowers from retaliation if they choose to report their workplace. Keep reading to learn what you need to know about the legal aspects regarding the protection for whistleblowers.

Understanding the Whistleblower Provision

A whistleblower provision exists within the False Claims Act. It indicates that employees are protected by the law if their employers attempt to retaliate against them because of their whistleblowing action. This means if an employer terminates, demotes, suspends, threatens, harasses, or discriminates against the employee because they reported their unlawful actions, they will be required to make full amends for the suffering they imposed on the whistleblower. In most cases, this includes reinstating their job at the same pay and seniority level as before. It also means compensating the employee for wages lost and emotional damages.

Are There Exclusions in the Whistleblower Provision?

The law was written by Congress as an effort of protection for whistleblowers when they make the choice to report fraudulent activity. However, there are certain circumstances where the law does not apply. Your employment status, previous work record, and the exact details of the claim may influence your ability to gain protection under the False Claims Act. Also, a strict statute of limitation applies. In some states, the statute of limitations may be as short as 30 days. Failing to comply could result in denial of your claim.

Protection for whistleblowers in the False Claims Act is detailed. There are exclusions to consider when filing a claim. Because of these factors, and the short statute of limitations, these are complicated cases. We strongly advise anyone considering taking action against their employer find an attorney experienced with whistleblower and false claims act lawsuits.

A knowledgeable attorney can work closely with you to line out the facts concerning the retaliation taken against you. Also, they should establish a foundation of facts about your previous standing at your job. These facts include performance records, responsibilities, and more. The attorney you choose should have extensive experience in whistleblower cases. This way, you get the guidance you need and peace of mind as you move forward with your case.

Find out everything you need to know about the legal aspects of the protection for whistleblowers. Just call 770.643.1606 to contact one of our experienced whistleblower law attorneys at Bothwell Law Group.

Explaining the Qui Tam Provision and How It Empowers Citizens

Posted on September 5, 2017September 12, 2017 by Mike Bothwell

The qui tam provision is a part of the False Claims Act. This provision allows private citizens to file a lawsuit if they have knowledge of an organization, company, or individual who has submitted false claims to the United States Government. However, before filing a claim against a fraudster, it is important to understand the details of the qui tam provision.

Who can file suit under the qui tam provision?

First, this portion of the False Claims Act provides power to citizens with knowledge of fraudulent activity. Also, the provision makes it possible for citizens to file suit. However, they must have adequate proof that false claims were submitted to the government.

Is a reward available under the qui tam provision?

The qui tam provision empowers citizens and motivates them to bravely blow the whistle on anyone who defrauds the government. However, reporting fraud is a risky action. Therefore, the government included a qui tam provision that rewards private whistleblowing citizens upon the recovery of government funds. As a result, whistleblowers may receive up to 30 percent of the recovered funds.

Who can be prosecuted under the qui tam provision?

The qui tam provision allows citizens to report knowledge of false claims submitted to the government. Therefore, any physician or healthcare agency receiving government funds and any contractor working for the government can be prosecuted if they have obtained government funds due to false information they provided in a claim.

What types of actions qualify as a false claim?

There are a wide variety of actions that can qualify as fraudulent under the qui tam provision. Furthermore, it is fraud any time an individual, company, or organization uses false information to obtain government funds. Examples of actions punishable under the False Claims Act include:

A physician is improperly billing Medicaid or Medicare for materials or services to get inappropriately high payments. This could include billing for services never provided. Or, it could mean upcoding a less expensive service or overbilling for a service. Finally, it could mean making a false diagnosis so they can bill for more expensive tests and procedures.
A government contractor is overbilling for products or services provided. He is providing false information in order to make more money.
A company or organization is selling the government faulty or dangerous products with full knowledge of the defective nature of the product.
A contractor or organization is billing the government for services they never provided.

Are you a private citizen and you have knowledge of fraudulent activity? The qui tam provision empowers you to file a claim against the entity committing the illegal activity. Share your information with a qualified attorney. Ultimately, you can play a role in recovering government funds. You may receive a financial reward for your actions.

Call (770) 643-1606 to find out more about the qui tam provision by contacting Bothwell Law Group.

10 Ways to Know You Have Hired the Best Civil Litigation Attorney

Posted on July 24, 2017June 30, 2017 by Mike Bothwell

Hiring a civil litigation attorney is relative to the situation at hand. In doing so, you want to hire the attorney that will best meet your needs. However, there are some considerations in the hiring of a civil litigation attorney that can make the experience of civil litigation not only bearable, but can turn the matter into a success.

Here is how to know you have the best civil litigation attorney:

1. You want an attorney that you get along with.

Civil litigation is so difficult regardless of which side you are on. You want to make sure that your attorney explains the process to you and protects you from the worst of the process.

2. Your attorney is upfront concerning his or her opinion on the outcome of the matter.

Your civil ligation attorney has an opinion based on his or her expertise. It is important to understand what that opinion is and the likelihood of prevailing. This will drive the entire litigation and the likelihood of settlement.

3. Your attorney has a clearly written and understandable fee agreement.

This agreement is the basis of your relationship with your attorney. Most problems between and attorney and client arise out of the lack of a clear understanding of the fees payable to your attorney. Make sure that you fully understand the fee agreement and what it entails.

4. Your attorney communicates with you regularly and clearly.

Communication is so important. Things can change quickly as civil litigation unfolds. It is important that your civil litigation attorney can communicate with you concerning the changes in trajectory as they arise.

5. Your attorney doesn’t promise you a specific outcome.

We all want to win. But there are so many variables in civil litigation. We cannot know the outcome before engaging in the process.

6. Your attorney follows through.

This is the idea of credibility. If your civil litigation attorney tells you, or the judge, or opposing counsel that he or she will do something, your attorney flows through and does what they have said they would. Credibility leads to trustworthiness. You must be able to trust your attorney.

7. Your attorney is civil with others.

Civil litigation is similar to combat, but it needn’t be combative. It is important for your attorney to be persuasive, not confrontational.

8. Your attorney is persuasive.

The power of persuasive writing and speaking is so important in civil litigation. Attorneys work to perfect this skill. You want your civil litigation attorney to persuade others that yours is the correct position.

9. Your attorney is organized.

Organization is a skill related to being able to conduct oneself professionally. It leads to a more cohesive presentation of the case and that can be persuasive to the trier of fact.

10. Your attorney is a skilled negotiator.

Most cases are settled out of court during negotiations. Being a skilled negotiator involves not only being skilled in the law, it also requires a great deal of people skill. A good civil litigation attorney is an expert at handling people.

The above list is just 10 Ways to Know You Have Hired the Best Civil Litigation Attorney. This is not an exhaustive list, but most of the items listed above are crucial in litigation. Interview your attorney before you hire them.

How Knowing the False Claims Act History Can Help Your Case

Posted on July 17, 2017June 30, 2017 by Mike Bothwell

The False Claims Act History is a long one. Qui tam laws date back to the Middle Ages in England. Nearly 700 years ago, King Edward II came up with a one third reward to individuals (relators) if the relator successfully sued government officials who were moonlighting as wine merchants.

Two hundred years later, Henry VII followed suit. The Maintenance and Embracery Act 1540 allowed individuals (common informers) to sue for certain interference with justice in land title related legal proceedings. Ireland still has this act in force today.

So, how does this relate to America?

During the American Civil War (1861 – 1865), all kinds of fraud was going on such as:

Contractors selling decrepit mules and horses in ill health to the Union Army
Some contractors selling rancid provisions and rations to the Union Army
Contractors selling faulty rifles and ammunition to the Union Army

Because of this and other acts, Congress passed the False Claims Act on March 2, 1863. At times, the False Claims Act is called the “Lincoln Law”. This is because President Abraham Lincoln was in office at the time.

Under the False Claims Act, the qui tam provision offered a reward permitting citizens to sue on behalf of the government. As such, said “whistleblowers” can receive a percentage of the recovery. U.S. Senator Jacob M. Howard sponsored this legislation. He knew some of the whistle blowers were a part of the unethical activities themselves. However, he said “I have based the [qui tam provision] upon the old-fashioned idea of holding out a temptation, and ‘setting a rogue to catch a rogue,’ which is the safest and most expeditious way I have ever discovered of bringing rogues to justice.”

Over the Years

The False Claims Act has primarily been used against defense contractors. However, health care fraud began to receive more focus in the 1990s. By 2008, health care fraud accounted for 40% of recoveries.

In 2009, the Fraud Enforcement and Recovery Act of 2009 (FERA) passed into law. Among other things, this Act increased the protection of qui tam relators.

There were multiple major changes to the FCA because of this Act.

President Barak Obama’s signature put the Patient Protection and Affordable Care Act into place in 2010.

By 2014, thirty states and the Disctrict of Columbia now have False Claims statutes. These are in place to protect publicly funded programs from fraud.

Knowing the False Claims Act History can help your case. For hundreds of years, individuals have been able to file claims on behalf of the government. The laws are for people like you who know of others committing fraud against the government or against individual states.

If you do know of fraud, contact a whistleblower attorney as soon as possible.

What is the Penalty for Violating Federal False Claim Acts?

Posted on July 10, 2017June 30, 2017 by Mike Bothwell

The federal False Claim Acts make it a crime to file a false claim for payment from the federal government. One common example is Medicare fraud. This involves billing for treatments or medications that were never provided. The Acts cover claims that are made despite knowing that the claim is false. It also covers claims by someone who is recklessly disregarding information that would lead them to know that the claim is false. To encourage the reporting of false claims, the Acts also provide whistleblowers with compensation and protection from retaliation.

Penalty for Violating Federal False Claim Acts

The federal False Claim Acts provide for both civil and criminal penalties against violators. The criminal penalty for violating federal False Claim Acts can include fines of up to $50,000 and/or imprisonment. Civil penalties of up to three times the amount falsely claimed plus an additional penalty of up to $11,000 per false claim are also possible.

Whistleblower Compensation for Reporting False Claims

If the government learned of the fraudulent activity from a whistleblower, the whistleblower may be entitled to compensation under qui tam laws. The amount of compensation depends on whether the government recovers the funds, or the whistleblower’s own lawsuit recovers the funds. They range from 15 to 30 percent of the total amount recovered by the government.

To begin a qui tam action, the whistleblower must file a sealed complaint in the appropriate court and serve the complaint on the U.S. Attorney for that district. The government then has 60 days to determine whether it will prosecute the case. If the government declines to prosecute the case, the whistleblower may prosecute it privately.

Whistleblower Protections Under Federal False Claim Acts

Whistleblowers are protected from retaliation for any actions taken under the federal False Claim Acts. This includes both making reports to the government and filing a private lawsuit under the Acts. Employers cannot terminate, harass, or reassign whistleblowers to less desirable positions or schedules. Furthermore, they cannot take any adverse action against an employer because they took action as permitted under the Acts. If you can prove retaliation occurred, the court can force the employer to reinstate the employee. Further, the employer will have to provide them with double their back pay plus interest. Finally, the employer must reimburse their legal costs and any other expenses incurred as a result of the retaliation.

Successfully prosecuting a qui tam action or whistleblower claim requires extensive knowledge of legal procedures and the specific laws governing the false claim. Procedural errors or insufficient evidence can lead to dismissal of the action. This can happen even though they may have been able to succeed on their merits. To speak with an experienced qui tam and whistleblower attorney about how to proceed, call Bothwell Law Group today.

Is There a Difference Between Whistleblower Attorneys and Qui Tam Attorneys?

Posted on June 12, 2017June 5, 2017 by Mike Bothwell

Qui tam attorneys offer invaluable consultation and representation to whistleblowers. A whistleblower is anyone who reports illegal activity occurring in an organization. In contrast to the disgruntled employee who attempts to discredit a company by spreading rumors, the whistleblower has hard evidence to support his or her claims. While some alarm sounders in past times have been former employees of an organization, a whistleblower can be anyone with facts.

When considering the various sub-divisions within the overarching field of whistleblower law, qui tam justice emerges as one division. But just what is this area of law, and is it any different from whistleblowing?

Here are answers to some of the questions you may have regarding qui tam attorneys:

What Is Qui Tam Law?

Qui tam is a division of whistleblower law that specifically seeks to protect the government from fraud. The area covers various government programs, such as Medicare and Medicaid, and protects individuals who report deception to the government.

Can You Give an Example of Qui Tam Law?

Individuals who reap the benefits of Medicaid when they can pay for personal insurance defraud the government by withholding information about their income. They report gross earnings that are well below the poverty line to qualify for Medicaid all while bringing in wages that can fully support their way of life. These individuals may just claim Medicaid, or they may take things a step further by using the income reported to qualify for other government funded programs. Reporting such activity to the proper authorities would fall under qui tam law since government programs are involved.

How Does a Successful Qui Tam Case Impact the Economy?

The government spends billions of dollars every year on programs that suffer from extortion. Your willingness to blow the whistle on such illegal practices keeps money in the system. This allows the government to fund other efforts that would ordinarily go on the back burner due to low capital.

In What Way Is the Whistleblower Protected in a Qui Tam Case?

The False Claims Act serves as a shield for those who place their reputation on the line for reporting fraud. According to the statute, whistleblowers are to be rewarded in instances where their tip allowed the government to recover some or all of funds lost. Experienced qui tam attorneys ensure their clients receive what is due regarding payment.

What Else Does the False Claims Act Do?

The regulation gives any citizen the right to report fraud. Whether or not the citizen has a direct affiliation with the company or person committing the act, he or she can file a fraud report. The law also ensures that suits are “under seal”. This means the whistleblower can remain completely anonymous throughout the investigation process. Cases are usually “under seal” for 60 days but typically there is an extension by a judge who gives the government time to partner with qui tam attorneys and look into the matter.

How Does a Qui Tam Case Come to a Resolution?

Just as with an ordinary whistleblower case, all evidence is weighed to determine whether or not there is a crime. The government takes action against the company or person responsible and rewards the whistleblower if there has been a violation. The government will not provide payment to the alarm sounder if it determines the evidence is not substantial or factual.

Bothwell Law Group protects whistleblowers and brings fraudsters to justice. Call us to learn more about qui tam law and our qui tam attorneys online.