The federal False Claims Act outlaws any activity that results in an individual or organization improperly obtaining money from the U.S. government. Historically, it has been used to fight false claims for payment, illegal selling of government property, kickbacks, or other “fleecing” of American taxpayers. If you are aware of this sort of illegal activity, you may be considering becoming a “whistleblower” under the False Claims Act. Being a whistleblower is another term for bringing a “qui tam” claim, which is a Latin term meaning “he who sues for the king and himself.” In short, as a whistleblower in a qui tam case, you formally report government corruption for the good of society but are also making that report because you want to be paid a financial reward. To get that reward, a qui tam investigation needs to gather significant evidence that fraud has actually occurred within a specific timeframe and then report it before someone else does.
Before bringing a claim, it is important that you understand which types of behavior are covered by the False Claims Act. Not every act of deceit is a violation of the False Claims Act, and it primarily covers the fraudulent taking of money from the U.S. government.
If you are considering making a claim under the False Claims Act, you should know that there is extremely high risk that your whistleblowing will anger your employer. That anger can translate into retaliation against you, which often results in a whistleblower losing his or her job. You should know that retaliation is prohibited under the False Claims Act, however, and can result in your reinstatement, as well as other penalties such as double back pay, fines, and attorney fees.
Claims Covered by the False Claims Act
While there is not room in this post for a complete listing of all activities prohibited under The False Claims Act, a partial listing follows:
- Conducting business on behalf of the U.S. government that results in overpayment, and keeping that overpayment;
- Conducting business with the U.S. government in a way that results in payment for services that are not performed or received;
- Contracting with federal government for defective products;
- Purchasing government property from employees who lack the authority to make the sale;
- Conspiring to violate the False Claims Act;
Exceptions to the False Claims Act
While the federal government is generally interested in prosecuting fraud, there are several exceptions where a fraud claim cannot be brought by a whistleblower.
Interesting, under the False Claims Act an current or former member of the military cannot bring a claim against another active duty member of the military for claims discovered while the whistleblower was in the military.
Second, whistleblower claims cannot be made against members of Congress, the federal judiciary, and senior members of the executive branch of the federal government. The information in the whistleblower’s claim must be unknown to the government at the time it is made.
Third, tax fraud or violations of the IRS Code are not subject to whistleblower claims under the False Claims Act.
What Should You Do if You are Considering a Whistleblower Claim?
Are you considering filing a qui tam suit as a whistleblower? You will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes a violation of the False Claims Act. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, statutes of limitations, and filing requirements make your representation both complex and time-sensitive.
Call Mississippi Whistleblower Lawyer Barrett Law now at (800) 707-9577 if you are a whistleblower.
Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call us today.
