QUI TAM OR WHISTLEBLOWER CASES
UNDER THE FALSE CLAIMS ACT

If you know of a fraudulent claim against the Government, please call Siesky Law Firm at (812) 402-7700 or email us at info@sieskylaw.com for a free consultation.

You may qualify to bring a qui tam lawsuit under the False Claims Act. Qui tam is the technical legal term for the unique mechanism in the False Claims Act that allows persons and entities with evidence of fraud against Government programs or contracts to sue the wrongdoer on behalf of the Government. The whistleblower that files a qui tam lawsuit under the False Claims Act is known as the "relator". The Government may intervene and takeover the lawsuit. If the Government declines intervention, then the relator may proceed on behalf of the Government.

Is there any financial incentive for the relator?
Yes, the relator is entitled to a share of the Government’s recover. If the Government intervenes, the relator’s share ranges between 15% to 25% of the recovery. If the Government does not intervene, the relator’s share ranges between 25% to 30%. Also, the False Claims Act provides some protections to prevent an employer from retaliating against a relator.

HISTORY OF THE FALSE CLAIMS ACT

The original False Claims Act was passed in 1863 because of investigations of the fraudulent use of Government funds during the Civil War. United States v. Neifert-White Co., 390 U.S. 228, 19 L. Ed. 2d. 1061, 88 S. Ct. 959 (1968). The objective of Congress in enacting this legislation was to broadly protect the funds and property of the Government from fraudulent claims, regardless of the particular form, or function of the Government instrumentality upon which such claims were made." Rainwater v. United States, 356 U.S. 590, 2 L. Ed. 2d 996, 78 S. Ct. 946 (1958).

The False Claims Act was amended in 1986 to make it more likely for claims to be filed and to succeed. The legislative history states in relevant part:

In order to make the statute a more useful tool against fraud in modern times, the Committee believes the statute should be amended in several significant respects. The proposed legislation seeks not only to provide the Government’s law enforcers with more effective tools, but to encourage any individual knowing of Government fraud to bring that information forward.

See S. Rep. 345, 99th Cong., 2d Sess., reprinted in 1986 U.S.C.C.A.N. 5266-5267.

Today the False Claims Act is considered the Government’s primary litigative tool for combining fraud against the Government. See S. Rep. 345, 99th Cong., 2d Sess., reprinted in 1986 U.S.C.C.A.N. 5266; Kelly v. Boeing Co., 9 Fed.3d 743, 745 (9th Cir. 1993).

SO WHAT IS AN ACTIONABLE FALSE CLAIM?

A person violates the False Claims Act when he "knowingly presents, or causes to be presented" to the Government "a false or fraudulent claim for payment or approval," 31 U.S.C. 3729(a)(1), or "knowingly makes, uses, or causes to be made or used, a false record or statement to get false or fraudulent claim paid or approved by the Government," 31 U.S.C. 3729(a)(2). In other words, the False Claims Act defines the term "claim" very broadly to include all kinds of fraud against the Government. Indeed, it is often said that "men must turn square corners when they deal with the Government."

So, if you are aware of a fraud against the Government and would like a free consultation or want to learn more about False Claims Act litigation, please contact us today. Another good source for general information about False Claims Act litigation is the Taxpayers Against Fraud organization.

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