Understanding Your Role as a Qui Tam Relator
Learn What it Means to Serve as a Qui Tam Relator Under the Federal False Claims Act
Serving as a qui tam relator provides an opportunity to recover taxpayer funds lost to fraud on behalf of the United States government. The qui tam provisions of the federal False Claims Act provide for whistleblower protections and compensation in appropriate cases. Learn what you need to know about filing a qui tam complaint from the attorneys at Oberheiden PC.
Whistleblower Team Lead
Former DOJ Attorney
Whistleblower Team Lead
Whistleblower Team
Former Supervisory Special Agent (DOJ)
If you have information about fraud under a federal contract, grant, or program (i.e., Medicare or Medicaid), you may be eligible to serve as a qui tam relator under the False Claims Act (FCA). The FCA prohibits the submission of “false or fraudulent claims” for reimbursement, and it includes provisions for both civil and criminal enforcement as warranted.
It also includes provisions for whistleblower protections and compensation.
Eligible individuals can report fraud to the United States government by filing a qui tam action in federal court. These individuals, who are referred to as qui tam relators, are entitled to strict confidentiality; protection against retaliation by their employers; and, if their cases are successful, monetary rewards. These monetary rewards typically range from 15% to 30% of the government’s recovery.
Qui Tam Cases Play a Key Role in the Government’s Ongoing Fight Against Healthcare Fraud and Other Abuses
Individuals who file qui tam claims under the False Claims Act play a key role in the government’s ongoing fight against all forms of fraud. This includes fraud under Medicare, Medicaid, and other government programs, as well as fraud under government contracts and grants.
Since the government relies heavily on whistleblowers, individuals who have sufficiently alleged fraud in a properly filed whistleblower claim are entitled to strong protections under federal law. The False Claims Act (formerly known as the Lincoln Law) also further incentivizes whistleblowers to come forward by providing for monetary awards in successful cases.
Qui Tam Relators Must Meet Strict Filing Requirements
When exposing fraud under the False Claims Act, whistleblowers must strictly comply not only with the FCA’s qui tam provisions, but also with the federal rules that apply when filing a lawsuit in court. Legal protections are only available to whistleblowers who meet all applicable requirements. Once you establish an attorney-client relationship with our law firm, we will be able to:
- Explain the False Claims Act’s confidentiality and anti-retaliation provisions, and answer any questions you have about serving as a qui tam relator.
- Review the communications, financial records, internal memos, and any other documentation you have in your possession to determine if a qui tam claim is warranted.
- Determine if you meet the legal definition of a relator under the False Claims Act’s qui tam provisions—including the statute’s “first to file” requirement.
- Conduct our own investigation to provide a preliminary assessment of the government funds at issue and your potential whistleblower reward eligibility.
- Represent you throughout the whistleblower process, including filing your complaint, advising you during the government investigation, and working with the DOJ to pursue litigation as warranted.
As a qui tam relator, it is important to provide substantially all material evidence you have in your possession to the DOJ. When evaluating cases involving FCA lawsuits, the DOJ’s focus is on determining whether intervention is warranted. If the government chooses to intervene, it will pursue civil penalties or criminal prosecution directly. If the government declines to intervene, you will need to decide whether you are prepared to pursue a financial recovery on the government’s behalf.
The Relator’s Role: Exposing Fraud Committed Against the Government as a Private Citizen
“Qui tam pro domino rege quam pro se ipso in hac parte sequitur,” is a Latin phrase that means, “he who sues in this matter for the king as well as for himself.” As a qui tam relator, you are filing a lawsuit on behalf of the federal government.
The False Claims Act’s qui tam provisions incentivize whistleblowers to expose a wide range of fraudulent actions, including fraudulent billings by healthcare providers, defense contractors, and other parties. Qui tam relators help the government recover stolen funds, and the False Claims Act imposes liability of up to three times the government’s actual losses in civil cases.
In effect, relators serve as private attorneys general—taking legal action to recover taxpayer funds lost to fraud, waste, and abuse. However, unlike an attorney general, a qui tam relator is entitled to receive a percentage of any money recovered. As discussed above, qui tam relators who meet all of the legal requirements established by the False Claims Act can receive between 15% and 30% of the government’s recovered funds in most cases. In “intervened” cases, reward amounts typically range from 15% to 25% of the government’s recovery, while reward amounts in “non-intervened” cases typically range from 25% to 30% of the taxpayer funds recovered.
Strict Confidentiality and Anti-Retaliation Protections Apply
Employees, independent contractors, industry insiders, and other individuals who come forward as qui tam relators are entitled to strict confidentiality and anti-retaliation protections regardless of whether their lawsuits are successful. If you were to come forward as a whistleblower and your employer were to discern your identity and retaliate against you, you would be entitled to double back pay, additional damages, and/or equitable remedies. While needing to file a whistleblower retaliation lawsuit is unlikely, it is important to know that this option is available should it prove necessary.
FAQs: Filing a Qui Tam Lawsuit On Behalf of the Federal Government
What types of fraudulent activities can be exposed through a qui tam lawsuit?
Qui tam relators can expose numerous types of fraudulent activities under the False Claims Act. This includes everything from healthcare providers upcoding their services when billing Medicare and Medicaid to defense contractors charging for substandard parts under their federal contracts. If you have (or believe you may have) information about any form of fraud impacting a federal contract, grant, or program, it will be worth speaking with an experienced whistleblower attorney about the possibility of coming forward.
How do I file a qui tam suit on behalf of the federal government?
Filing a qui tam suit on behalf of the federal government starts with assessing your eligibility. If you are not eligible to serve as a whistleblower under the False Claims Act, you will need to determine what other options you have available. Before filing a lawsuit, relators must also prepare a written disclosure statement for submission to the US Department of Justice (DOJ).
To be eligible to serve as a qui tam relator, you must possess original knowledge of fraud that is not already known to the government (or known publicly). In other words, you must generally be the first to file. Our attorneys can communicate with the DOJ to determine your eligibility, and we can file a qui tam lawsuit under seal on your behalf if warranted.
Should I file a qui tam case under federal or state law?
While many relators will have the option of filing a case under either state or federal law, filing under the False Claims Act will be preferable in most cases. Most state whistleblower laws do not include monetary award provisions that are comparable to those in the federal False Claims Act. With that said, it is critical to make an informed decision based on the specific circumstances of your case. Our lawyers can help you decide how to proceed—and we will do so at no cost to you.
Should I hire an attorney to help me serve as a qui tam whistleblower?
Yes, if you are thinking about serving as a qui tam whistleblower, we strongly recommend consulting with an experienced federal whistleblower attorney. From assessing your eligibility to working with the DOJ during its investigation, all aspects of the process require in-depth knowledge not only of the False Claims Act, but also of the relevant federal court and investigative procedures. At Oberheiden PC, we have extensive experience representing qui tam whistleblowers. Additionally, since several of our attorneys previously handled fraud cases at the DOJ, we are familiar with the DOJ’s investigative procedures and prosecutorial priorities as well.
What if the government doesn’t take my case or my qui tam lawsuit isn’t successful?
When you come forward as a qui tam relator, there is no guarantee that the government will take your case. There is also no guarantee that your case will be successful. However, you can help maximize the chances that the government will intervene and pursue a successful enforcement action by hiring an experienced federal whistleblower attorney to represent you. Since whistleblower attorneys provide contingency-fee representation and relators can recover their attorneys’ fees from the defendant in successful cases, it generally costs nothing to engage experienced legal representation in this scenario.
Speak with an Experienced Whistleblower Attorney at Oberheiden PC
If you would like to know more about serving as a qui tam relator, we invite you to contact us for a confidential case review. Our whistleblower clients do not pay any out-of-pocket attorney fees for our legal representation. To learn more, call us at 888-680-1745 or tell us how you would like to be contacted online today.
