The False Claims Act allows any person with non-public information or evidence of fraud against the government to file a whistleblower (qui tam) lawsuit. Working with a False Claims Act lawyer at Bracker & Marcus LLC can help you navigate the legal complications involved with exposing government fraud and protect your rights as a whistleblower.
Can a private citizen utilize the False Claims Act?
The False Claims Act (FCA) is a federal law designed to protect the money of the United States government. It serves as its primary tool to recover funds lost to fraud. This statute empowers citizens, formally known as relators, to initiate False Claims Act cases on behalf of the government.
This structure allows people to fight fraud, offering financial awards of 15% to 30% of the funds recovered for the federal government. Under the FCA, an individual can file a special lawsuit called a qui tam action. The main requirement is having independent, non-public information showing that a false or fraudulent claim was submitted to the government.
Who can be a whistleblower under the False Claims Act?
Broadly, any person can blow the whistle on fraud as long as they have independent, non-public information showing that a false or fraudulent claim was made to the government. Anyone with a solid body of evidence can be a claims act whistleblower:
- Current or former employees: If you have seen your company submit a false or fraudulent claim for services or products that were never delivered, you may be eligible under the FCA.
- Business competitors: If you see a rival company winning contracts by unfairly submitting false information, you may blow the whistle on the fraud.
- Anyone else: Even a person with no connection to the person or company committing the fraud, if you have solid, first-hand evidence, you could be eligible.
The FCA even covers fraud where people avoid paying money they owe to the government, such as the case with reverse false claims.
Who cannot file a lawsuit regarding act violations?
While the law generally allows any individual to file, the rules prevent wasting time on cases the United States government already knows about. If the core facts of the fraud are already publicly disclosed, you generally can’t proceed unless you qualify as an ‘original source’ with independent information that materially adds to what is public. You can only qualify as an original source if you have extra, helpful information that no one else has reported on.
Additionally, only the first person to file the case is allowed to proceed. This prohibits multiple people from filing the same claim to the government, and wasting government time.
How do I report federal tax fraud?
The FCA does not apply to federal tax fraud, which is handled under different federal programs. If your concerns involve potential tax-related fraud, a whistleblower attorney can help you understand which laws apply and whether your information fits within the False Claims Act or another federal process.
Can government employees whistleblow under the FCA?
As an employee of the federal or state government, you can file a lawsuit, but you may face challenges if your job is designed to fight fraud, such as being an auditor. The Department of Justice may challenge your eligibility if the information came to you through your official duties. For example, if your role required you to investigate or report fraud.
Many government employees successfully file qui tam actions under the FCA, as long as they can demonstrate that their information was outside the scope of their normal job requirements to report. If you are a government employee considering whistleblowing, work with a law firm experienced in this type of case.
How can I learn more about my rights under the False Claims Act?
If you are looking to learn more about your rights under the False Claims Act, reach out to a whistleblower attorney at Bracker and Marcus to arrange a free consultation. You can contact us online or give us a call at (770) 988-5035 to discuss your possible case and get your questions answered.