Read frequently asked questions regarding the False Claims Act qui tam provisions that protect state and federal government whistleblowers, and learn about the rewards qualified qui tam whistleblowers may be eligible to receive for blowing the whistle.
Qui tam is a provisions of the False Claims Act (FCA) allowing whistleblowers to report fraud on behalf of the US government and receive a share of the recovered funds. Fraud includes abuse of disaster relief loans, over billing, kickbacks, false statements, and upcoding in healthcare, among many others.
The purpose of the FCA is to incentivize citizens to help the federal government police rampant military contracting fraud during the U.S. Civil War. The original law went mostly unused until 1986 when the U.S. Congress modernized its procedures and approved significant amendments.
There is no uniform definition of a whistleblower. However, the definition commonly used includes someone whose loyalty is to the truth, becomes an informant to the government on corporate crimes, or seeks monetary rewards under various whistleblower programs.
In False Claims Act (“FCA”) cases, the person who brings the False Claims Act claim against the company or individual who commits fraud is called a qui tam relator.
Qui tam is a lawsuit that allows persons and entities with evidence of fraud against federal programs or government contracts to sue the wrongdoer on behalf of the United States Government.
By hiring an FCA attorney, a PPP loan fraud whistleblower may file a qui tam lawsuit against the fraudster on behalf of the U.S. government. In successful qui tam suits, PPP loan fraud whistleblowers are entitled between 15 and 30 percent of the funds recovered.
A reverse False Claims Act lawsuit alleges a wrongdoer has prevented the collection of money owed to the government, such as failure to return an overpayment or unused funding to the government. Other examples include applying for a lease, loan, or permit but intentionally making incorrect statements on the application.
A qui tam action filed under the False Claims Act is the method to report off-label drug marketing. Qui tam lawsuits are filed by an attorney, in camera, or under “seal.” The contents of the action are kept confidential under seal until the court lifts it.
Several federal laws permit federal employees to submit disclosures regarding violations of law or abuses of authority committed by the President of the United States or other presidential appointees.
Healthcare whistleblowers who witness fraud and corruption can file award claims under the qui tam provisions of the False Claims Act.
COVID-19 whistleblowers are covered by the qui tam provisions of the False Claims Act. This law is applicable due to the billions of dollars in federal funding allocated to fight the COVID-19, and the federal spending on health programs such as Medicaid and Medicare.
The Whistleblower Protection Act of 1989 is a law that protects U.S. federal government employees who disclose information they reasonably believe points to a violation of the law. The Whistleblower Protection Act prohibits U.S. government agencies from retaliating against federal employees for their disclosures.
Kickbacks often play a crucial role in fraud schemes designed to swindle taxpayer dollars from the United States Government. It is a general term used to describe the corrupt practice where illegal payments are made to garner preferential treatment and can be thought about as a form of bribery.
