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Tag: Qui Tam Lawyers

What Types of Cases Do Qui Tam Lawyers Handle?

Posted on by Mike Bothwell
qui tam lawyers

qui tam lawyersSince 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.

Breaking Down the Qui Tam Lawsuit Definition So Anyone Can Understand It

Posted on by Mike Bothwell
Qui Tam Lawsuit Definition

Qui Tam Lawsuit DefinitionAre you searching for information to learn more about a qui tam lawsuit? It’s a rather complicated legal topic, but we will do our best to break it down for you in layman’s terms. Keep reading for the details you need to know if you are considering or involved in a qui tam lawsuit.

Under the False Claims Act, the qui tam law allows a private party to bring a claim against another party for false billing to the federal government or for withholding information resulting in a higher cost to the federal government.

Qui Tam Lawsuit: When to Litigate

The federal government always retains the right to take on a false claims case and pursue it first. However, where the Department of Justice decides that a case is not a priority to pursue, then the reporting party can bring a lawsuit at his cost and charge the false claim defendant in federal civil court.

If the reporting party wins the case, he would then be eligible to between 15 and 25 percent of the total recoveries due to the federal government. While this may sound like a small amount, it’s frequently the case that the erroneous cost amount covers multiple years and hundreds of billings.

Qui Tam Is Not Necessarily Whistleblower Protection

The qui tam provision of the False Claims Act is frequently confused with being a whistleblower protection clause, but they are not the same. Whistleblower protections help ensure a reporting party is not unfairly retaliated against in their career or life from reporting. The qui tam provision, however, provides whistleblowers with the ability to carry out a lawsuit penalizing a wrongdoing defendant. The protection law is related, but separate.

The basis of the qui tam lawsuit option started as far back as 1899 under an obscure law known as the House Refuse Act. However, under British common law, the concept was in play up to four centuries earlier. The early U.S. law was one of the first allowing lawsuits by private parties to enforce the provisions of the related federal law.

Qui Tam Lawsuit Options and Benefits

The benefit of the Qui Tam option is twofold. First, it allows the Department of Justice civil branch to prioritize its cases without completely missing the opportunity to pursue a matter of concern. Often a report may seem to be serious, but the evidence is insufficient for the federal government to pursue.

Another possibility is that the Department of Justice branch is overwhelmed and focused on much bigger cases already, being unable to spare resources for the latest report. The Qui Tam option allows the reporting party to pursue the matter in court to the benefit of the federal government. This keeps the issue alive and ensures that a wrongdoing party still ends up being held responsible. It also works as an active deterrent to intentional financial wrongdoing.

From the defending company perspective, the Qui Tam option is a dual exposure for liability. Again, either the Department of Justice or the reporting party can sue the company. Both options can result in significant damages if wrongdoing is proven and confirmed in court. And similar to other false claims charges, how a company responds when incorrect actions or wrongdoing are identified makes a big difference in the outcomes legally.

The qui tam lawsuit is a serious step and should be handled with sensitivity. To better understand how to proceed in a quit tam lawsuit, contact our team at Bothwell Law Group.