This is the second installment in this two-part blog that answers common questions about lawsuits under the False Claims Act. While we have attempted to address a range of issues in this two-part blog, the best way to get information about your specific situation is to talk to an experienced Mississippi False Claims Act lawyer.
How long does a whistleblower have to file a claim?
Determining the date the statute of limitations runs on a qui tam lawsuit can be complicated, so it is advisable to seek prompt legal advice if you are considering filing a claim under the False Claims Act. The lawsuit must be filed by the later of the following dates:
- 3 years after the government knew or should have known of the unlawful conduct but within ten years of the violation; or
- 6 years after the unlawful conduct.
Complications in how courts have interpreted these deadlines make it important to seek advice from an experienced qui tam lawyer.
What is the justification for providing compensation to whistleblowers under the False Claims Act?
The purpose of authorizing qui tam actions is to motivate whistleblowers to disclose fraudulent and illegal conduct that government authorities would not detect without outside assistance. Because a whistleblower potentially could face negative consequences for disclosing wrongdoing, such as job termination, financial incentives are intended to neutralize the possible negative consequences of disclosure.
What types of conduct constitute a violation justifying a qui tam action under the False Claims Act?
There are many forms of misconduct that might provide a basis for pursuing a qui tam action, but some of the most common allegations include the following:
- Conspiring with other parties to entice the government to pay a claim
- Knowingly presenting or causing to be presented to the federal government a claim for fraudulent or false payment
- Causing to be used or knowingly using a false statement or record to avoid, decrease, or conceal an obligation to remit property or money to the federal government
Does the frequency and scope of schemes to defraud the government warrant authorization of qui tam claims?
Fraud committed against the government is far more extensive than many people recognize. The Department of Justice recovered over $3.5 billion in False Claim Act judgments and settlements during 2015. Approximately eighty percent of this amount was recovered in qui tam actions. Some studies have found that as many as sixty percent of employees indicate they have observed fraudulent and/or unlawful conduct by their employer.
What constitutes the elements of an offense under the False Claims Act?
The required elements that must be established to prove a case under the statute include the following: (1) the defendant presented or caused to be presented a false claim for approval or payment (or a document to facilitate payment) to the federal government; (2) falsity of the claim or document; and (3) knowledge that the claim was false or reckless disregard of the truth of the claim. The establishment of these elements proves an offense even if the U.S. government neither experiences a financial loss nor makes a payment on the fraudulent claim.
Does the whistleblower or the government control the qui tam action?
While the government has the right to step in and control the qui tam action under the False Claims Act after the “relator” (whistleblower) initiates the lawsuit, the government might decline to participate. If the government elects not to intervene in the action, the relator remains in control of pursuing the qui tam lawsuit.
If you have discovered fraudulent conduct by your employer against the federal government, we invite you to contact us to evaluate your claim. Our Mississippi Qui Tam Lawyers have successfully represented many relators pursuing whistleblower claims under the False Claims Act. At Barrett Law, we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
