False Claims Act Whistleblower Attorneys

What is the False Claims Act?

The False Claims Act creates liability to the United States in part for “any person who knowingly presents . . . a false or fraudulent claim for payment or approval [or] knowingly makes . . . a false record or statement material to a false or fraudulent claim.” 31 U.S.C. § 3729(a)(1).

A False Claims Act lawsuit is filed with the court in secret “under seal.” While the case is under seal, the government investigates the whistleblower’s, or the relator’s, allegations. It is important to a relator’s potential recovery that the matter be kept confidential during this time. One of our lawyers may be able to advise you on these disclosure rules.

How Long Does a FCA Investigation Last?

A government investigation into a FCA claim may last a few months, or several years. During this time, the relator provides information to the government through disclosures, document exchanges, and interviews. It is helpful for relators to retain knowledgeable attorneys to guide them through this investigatory process.

What Happens After the Government's Investigation?

Once the government concludes its investigation, it then decides whether to join the relator in litigating the case, or whether to decline to intervene. If the government declines, the relator then has a choice: voluntarily dismiss the action or proceed to litigate the case in court on the government’s behalf. The decision of whether to continue litigating is an important one and involves consideration of many complex issues. Nichols Kaster’s attorneys can help relators navigate these important decisions.

Why is the False Claims Act Important?

The False Claims Act provides relators with an incentive to blow the whistle. A defendant that is found to have committed fraud against the United States government is liable for triple damages (three times the amount of damages the government sustained because of the fraudulent act), civil penalties, and attorneys’ fees and costs. Relators may recover as much as 15-30% of the amount recouped by the government.

The False Claims Act also contains an anti-retaliation provision prohibiting a defendant from discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against an individual because they assisted with a False Claims Act investigation or action.

If you have knowledge of fraud against the government, contact our attorneys to discuss your options.