Our Mississippi Qui Tam Lawyers have represented whistleblowers in different types of claims involving attempts to defraud the government through a wide range of practices. Because the qui tam process usually involves many factual and legal issues that present potential obstacles to a successful recovery, whistleblowers need to be aware of certain information to avoid missteps that can derail their whistleblower lawsuit. This blog outlines five key facts claimants should know about protecting their rights and navigating qui tam claims.
Documentary Evidence Supporting Claims Is Key.
While government prosecutors and judges are motivated to recoup funds misallocated by the fraud of others, there is a general assumption that the vast majority of businesses do not engage in lawbreaking behavior. When you discuss your situation with an attorney, it is advisable to have tangible evidence to support your claim. Most successful whistleblower cases depend on more than just testimony by the party disclosing the illegal or fraudulent conduct. Written documentation like medical records, emails, reports, data, financial records, billing statements, and notes typically is essential to prevail in qui tam actions.
The Scope of Qui Tam Liability Has An Expansive Reach.
Qui tam claims have existed since the Civil War, which is why the False Claims Act is called Lincoln’s Law. However, recent modifications to the law and the enactment of other state laws that encourage whistleblowers to reveal fraud schemes against local and state government entities have expanded the reach of qui tam liability. Federal laws now also allow qui tam claims to be brought based on banking fraud, unlawful securities activity, and tax fraud. Government entities widely recognize the valuable role served by whistleblowers, so laws have been enacted to incentivize disclosure and provide legal protections to whistleblowers of a wide spectrum of fraudulent activity. If you are aware of fraud committed against the government, it is worth seeking legal advice even if you are not specifically aware if the particular scheme is covered under a whistleblower law.
The Expertise, Knowledge, And Skill Of Your Attorney Makes A Difference.
The area of qui tam law is complicated and extremely technical, so it is essential to work with one of the small number of attorneys across the country who have a significant amount of experience handling these legal claims. Successful prosecution of a qui tam claim involves both the extensive financial resources for document review and analysis, expert witnesses, forensic accountants/investigators, and other significant litigation costs. Law firms that handle these claims also need sufficient manpower that includes both attorneys and support staff to gather, review, and analyze evidence. When whistleblowers evaluate legal counsel, they should consider their specific experience with successful qui tam claims, litigation resources, and their understanding of the human side of these cases, such as concerns about employer retaliation.
Prompt Action Is Critical When Pursuing a Qua Tam Claim.
Since most laws that authorize whistleblower actions, such as the False Claims Act have a “first-to-file” rule, delay in seeking legal advice and initiating a qui tam claim can mean forfeiture of the right to a financial award. While this does not mean a claim should be rushed prematurely, only the party who first files a claim disclosing fraud against the government is entitled to receive an award based on the public funds recovered. This rule narrowly restricting who qualifies for an award necessitates obtaining legal counsel as early as possible.
The Act of Bringing a Qui Tam Lawsuit Is A Heroic Act.
Whistleblowers who expose individuals and businesses that defraud the government and endanger public safety are heroic because they risk potential retribution by their employers to protect the public interest. The U.S. Department of Justice (DOJ) reports that the federal government has recovered $39 billion in taxpayer funds between 1987 and 2014 just under the False Claims Act. While individuals who have exposed attempts to defraud the federal government under this statute have been rewarded with about $3.6 billion since 2001, the process can be long and arduous, so individuals that bring qui tam actions should be commended for their sacrifices.
At Barrett Law, our Mississippi Qui Tam Lawyers understand that individuals under the False Claims Act and other qui tam laws have concerns about reprisals by their employers, but we work with our clients to help protect their interests and maximize their award. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing car accident case.
