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Qui Tam and False Claims Act (Whistleblower Cases)

The False Claims Act, 31 U.S.C. §§ 3729-3733, imposes civil liability for false or fraudulent claims for payment to the United States government, including fraud involving any federally funded contact or program, with the exception of tax fraud. Violations under the False Claims Act include:
  1. knowingly presenting (or causing to be presented) to the federal government a false or fraudulent claim for payment;
  2. knowingly using (or causing to be used) a false record or statement to get a claim paid by the federal government;
  3. conspiring with others to get a false or fraudulent claim paid by the federal government; and
  4. knowingly using (or causing to be used) a false record or statement to conceal, avoid, or decrease an obligation to pay money or transmit property to the federal government.
Having litigated multiple False Claims Act issues revolving around the statute of limitations in False Claims Act case Dunlap, Grubb & Weaver can help a client resolve these issues swiftly. An action must be filed within the later of either: six years from the date of the violation of the Act; or three (3) years after the Government knows or should have known about the violation, but in no event longer than ten (10) years after the violation of the Act. The penalties for a violation are serious including treble damages and a mandatory civil penalty of at least $5,500 per claim.

Qui tam actions allow any person or entity (whistleblowers, called a "relator") to sue on behalf of the government for fraud and in turn receive 15 to 30 percent of any funds that are recovered by the qui tam lawsuit. The anti-retaliation portion of the statute protects relators, (3730(h) of the False Claims Act) and states that any employee who is discharged, demoted, harassed, or otherwise discriminated against because of lawful acts by the employee in furtherance of an action under the Act is entitled to all relief necessary to make the employee whole. Such relief may include reinstatement, double back pay, and compensation for any special damages, including litigation costs and reasonable attorneys’ fees.

For more information and pricing, please fill out the Request for Information Form and a Dunlap, Grubb and Weaver representative will contact you.

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