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Since the revitalization of the False Claims act in 1986,
several law firms peppered throughout the United States have
become specialist in handling qui tam laws. These
laws, dating originally to the American Civil War, are also
sometimes known as Lincoln’s Law after the Late
President Abraham Lincoln, who was responsible for their first
enactment. Under the terms of the strengthened qui tam laws,
parties who gain specific knowledge of frauds being enacted
against federal bodies, can bring a lawsuit of the government,
and if the case is successful, are entitled to claim a reward
of up to 30% of the moneys recovered.
Also known as the Informer’s Act, the law also protects qui
tam plaintiffs who are “demoted, suspended, threatened,
harassed or in any other manner discriminated against in the
terms and conditions of employment” for acts done in
furtherance of filing a claim under the Act. This provision
allows reinstatement, double back pay, interest on the back
pay, plus special damages including litigation costs and
reasonable attorneys’ fees.
More than 2,400 qui tam suits have been filed since 1986,
when the statute was strengthened to make it easier and more
rewarding for private citizens to sue. The government has
recovered over $2 billion as a result of the suits, of which
almost $340 million has been paid to whistleblowers as rewards
for their worthy and, as it transpires, profitable deed.
In order to present the claim and protect their interests,
both in their workplace and in receiving any reward money that
may be payable, whistleblowers will be well advised to engage
the services of one of the legal practices, who specialize in
handling qui tam cases, as the laws are
complicated.
For example, contrary to most other lawsuits that filed, in
the instance of the False Claims Act, the complaint must be
served on the government and not on the defendant until ordered
by the court. The attorney appointed by the whistleblower is
obliged to honor the highest standards of confidentiality as
failure to follow these requirements will probably result in
the action being dismissed until a thorough government
investigation of the case can be completed.
Once the government has completed their investigation, they
can decide to allow the whistleblower and his appointed
attorney to retain the right to continue with the case, or
decide whether they (the government) will intervene, and charge
the suspected fraudster with whatever charges are relevant. In
either event, the whistleblower is entitled to a percentage of
any money recovered. However statistics show that when the
government does intervene, for some reason, the percentage of
money recovered is much lower as when not, and the rewards for
the whistleblower and their attorney also plummet
considerably.
Many of the people, who have fallen upon information that
displays a suspicion of fraud, are either afraid or unsure how
to go about taking the next step to putting and end to this
contemptible practice, especially when it comes to tax payers’
money. They are usually unaware of the possibility of receiving
a reward for their commendable actions. However, there are many
law firms who now specialize in handling cases of this type,
and be readily traced either through law associations or
through the internet. Once contacted, a qui tam attorney will
be help to follow all the applicable statutes and recover any
compensation due.