What Are the Protections for Qui Tam Whistleblowers?
Learn About the Protections Afforded to Qui Tam Whistleblowers Under the Federal False Claims Act
Individuals who file a qui tam lawsuit under the False Claims Act are entitled to strong legal protections. They are also entitled to monetary awards in successful cases. Our law firm handles False Claims Act cases nationwide.
Whistleblower Team Lead
Former DOJ Attorney
Whistleblower Team Lead
Whistleblower Team
Former Supervisory Special Agent (DOJ)
There are lots of reasons to come forward as a qui tam relator. If you have information about healthcare provider fraud, defense contractor fraud, or any other type of fraud perpetrated against the federal government, filing a qui tam complaint in federal court allows you to seek accountability on the government’s behalf.
Since coming forward under the False Claims Act’s qui tam provisions involves taking legal action on behalf of the federal government, strong protections are available.
We assist whistleblowers with filing qui tam claims nationwide. If you have questions about filing a False Claims Act lawsuit, our attorneys can explain everything you need to know. We have significant experience handling these cases; and, with a team that includes former US Department of Justice (DOJ) prosecutors, we are familiar with how the federal government handles these cases as well.
Strong Protections Apply When You File a Qui Tam Action in Federal Court
Individuals who file qui tam lawsuits (who are referred to as “relators”) are entitled to strong protections under the federal False Claims Act (FCA). State False Claims Acts also provide similar protections in most cases. Under federal qui tam law, the protections afforded to eligible whistleblowers include:
Confidentiality Protections for Qui Tam Whistleblowers
The United States government strictly protects the identities of eligible individuals who come forward as qui tam whistleblowers. The False Claims Act states that this protection is mandatory; and, while there are limited exceptions, the DOJ is obligated to protect qui tam relators’ identities in most cases.
If you are eligible to file a whistleblower lawsuit to which the False Claims Act applies, our attorneys will also assist with protecting your identity. We will file your lawsuit under seal in federal district court, and we will work with the DOJ to preserve your confidentiality throughout the process.
Anti-Retaliation Protections for Qui Tam Whistleblowers
Along with providing for strict confidentiality protections, the False Claims Act also prohibits retaliation against whistleblowers. This prohibition is intended to ensure that in the event an employer discerns a whistleblower’s identity, the whistleblower does not face adverse employment action based on his or her decision to come forward. Whistleblowers who experience unlawful retaliation can sue for reinstatement, double back pay, and/or other appropriate remedies, and they generally have up to three years to file a whistleblower retaliation claim in court.
By providing two forms of whistleblower protection, the False Claims Act seeks to ensure that prospective whistleblowers will feel comfortable filing a qui tam suit when warranted. If you have information about government fraud and are interested in helping the DOJ work to recover taxpayer dollars, we strongly encourage you to contact us to learn more.
Whistleblower Rewards in False Claims Act Qui Tam Cases
Not only does the False Claims Act seek to incentivize whistleblowing by providing the protections discussed above, but it also provides for the payment of monetary awards to eligible whistleblowers who assist with uncovering fraud against the government. Here are some key facts about the monetary awards available in qui tam cases brought under the False Claims Act:
1. Whistleblower Rewards Are Calculated as a Percentage of the False Claims Act Damages Recovered
Whistleblower rewards are available under the False Claims Act when the government recovers funds lost to fraud alleged in a qui tam complaint. When the government recovers funds lost to fraudulent practices, whistleblower rewards are calculated as a percentage of the damages recovered.
2. The Percentage Range is Determined By the Government’s Decision Regarding Intervention
Whether the government decides to intervene is a key factor in determining a relator’s potential compensation in a qui tam reward case. Broadly, qui tam awards generally range from 15% to 30% of the funds recovered (though this can be reduced to 10% in some cases). If the government intervenes, the standard award range is 15% to 25% of the government’s recovery. If the government declines to intervene, a qui tam relator is eligible to claim between 25% and 30% of any funds recovered on the government’s behalf.
3. The Specific Reward Amount is Based on the Whistleblower’s Contributions
Within the relevant range, a qui tam whistleblower’s specific reward amount is based on the value of the whistleblower’s contributions to the recovery of government funds. This is one of several reasons why it is important to work with experienced legal counsel when pursuing a whistleblower claim under the False Claims Act. If you are eligible to seek a qui tam whistleblower award, experienced legal counsel will be able to assist with maximizing your award eligibility.
We Handle Cases Involving Healthcare Fraud, Government Contracting Fraud, and Other Types of Fraudulent Claims
At Oberheiden PC, we handle qui tam cases involving all forms of government fraud covered under the False Claims Act. This includes (but is not limited to):
- Medicare and Medicaid fraud
- Fraud under other federal programs
- Federal contract fraud
- Federal grant fraud
- Other forms of federal fraud involving intentional misconduct, reckless disregard, or deliberate ignorance of the law
Our attorneys provide legal advice and representation every step of the way. As a prospective qui tam relator, it is important to confirm your eligibility before coming forward, but acting quickly can be critical as well. Waiting too long to file can result in an otherwise qualified whistleblower losing his or her ability to claim the protections and compensation discussed above. With our extensive experience representing whistleblowers, we can provide the insights you need to efficiently make informed decisions about your next steps.
Along with representing clients in qui tam cases, we handle other federal whistleblower cases as well. This includes cases involving tax fraud and other forms of widespread fraud that fall outside of the scope of the False Claims Act. Several other federal laws include provisions for whistleblower protections and rewards as well. If you need to come forward under one of these laws instead, our attorneys can guide you forward.
FAQs: Serving as a Qui Tam Whistleblower Under the False Claims Act
Who can serve as a qui tam whistleblower under the False Claims Act?
Coming forward as a False Claims Act relator is an option for individuals who are prepared to disclose material information about fraud and abuse under federal contracts, grants, and programs. While the False Claims Act was enacted on March 2, 1863 and was originally designed to combat fraud during the Civil War, today it is used to hold bad actors accountable in a wide range of circumstances. The False Claims Act was amended significantly in 1986, 2009, and 2010; and, since 1986, the government has recovered more than $59 billion from healthcare providers, defense contractors, and other parties.
How do I report a “false or fraudulent claim” to the federal government as a qui tam whistleblower?
Serving as a qui tam whistleblower involves filing a lawsuit on the government’s behalf in federal court. While a qui tam lawsuit must generally be filed within six years of the violation at issue, the False Claims Act (FCA) has a first-to-file rule that prevents multiple relators from filing claims based on the same information—so it is important to act promptly if you are thinking about coming forward. The FCA also includes strict procedural requirements for filing qui tam lawsuits, so it is important to work with an experienced attorney throughout the process.
Once you file a lawsuit alleging a “false or fraudulent claim,” the government has 60 days to decide whether to intervene. The government’s decision regarding intervention will determine whether the DOJ pursues your case directly or you will need to pursue your case independently.
How much can the government recover through a qui tam lawsuit?
In qui tam cases under the False Claims Act, the government can recover up to three times its actual losses, plus civil monetary penalties (CMP), attorneys’ fees, and other costs. The DOJ can also pursue criminal enforcement (including criminal fines) in appropriate cases. As a result, the government’s recovery has the potential to be substantial.
How much can qui tam whistleblowers receive for their efforts?
The False Claims Act incentivizes qui tam whistleblowers with potential rewards ranging from 15% to 30% of the government’s recovery (in most cases). To date, qui tam whistleblowers have received more than $8 billion in rewards from the federal government.
How do attorney fees work in qui tam whistleblower cases?
Our attorneys represent qui tam whistleblowers at no cost. We do not charge any upfront, hourly, or monthly legal fees; and, in successful cases, our fees are generally paid as part of the defendant’s settlement or judgment.
Learn More from a Senior Whistleblower Attorney at Oberheiden PC
If you have questions about coming forward under the False Claims Act, we invite you to get in touch. To arrange a free and confidential consultation, please call 888-680-1745 or tell us how we can reach you online today.
