Representing whistleblowers nationwide

The False Claims Act (FCA) empowers whistleblowers to expose fraud against the government by filing qui tam lawsuits, potentially earning 15-30% of recovered funds. However, these cases are complex and require skilled legal representation to succeed.

At Bracker & Marcus LLC, we use our deep expertise in FCA litigation to maximize rewards and protect our clients’ rights throughout the process.

false claims act lawyer

We’re one of the few firms in the country focusing solely on FCA litigation

Bracker & Marcus LLC exclusively represents whistleblowers in False Claims Act (FCA) and qui tam litigation nationwide. Our experienced attorneys personally handle every case, and we’re known for being client-focused, transparent, and committed to protecting whistleblowers from retaliation. We achieve twice the national average in government interventions and successfully litigate declined cases.

Our firm is nationally recognized for its leadership in FCA litigation, frequently advising other attorneys and lecturing at whistleblower law seminars. Working on a contingency basis, we cover all legal costs upfront, ensuring whistleblowers can pursue justice without financial risk.

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Successful whistleblower cases: Holding fraudsters accountable

B&H Health Care Services Inc. – $24 million

Three New York-based home care agencies paid $23,963,100 to settle allegations that they employed untrained home health aides who provided unqualified medical care to vulnerable patients. The agencies billed Medicaid for millions in services that aides were not certified to perform.
Taylor Bean & Whitaker Mortgage Corp. and Home America Mortgage, Inc. – $320 million

These mortgage companies paid $320 million to resolve claims that they falsified borrower eligibility data for government-backed home loans. When unqualified borrowers defaulted, the federal government was left covering hundreds of millions in losses on loans that never should have been issued.
Universal Health Services, Inc. – $117 million

This psychiatric hospital chain settled allegations for $117 million after being accused of fraudulent billing for unnecessary services, admitting ineligible patients, prolonging stays for financial gain, and failing to provide proper staffing and supervision. The company was also accused of misusing physical and chemical restraints on patients.

What our clients say: Trust, dedication, and results

★★★★★

“I met Julie & Jason the day after being asked to tender my resignation at a job I loved. From that first meeting until the final settlement three years later, their professionalism, competency, & work ethic was exemplary. I know I could not have had better counsel. They truly represent the best in their profession.”
★★★★★

“Bracker & Marcus do an excellent job of using their experience and knowledge to listen to their clients and truly evaluate all aspects of the case to present a straightforward opinion on the issue being brought forward. They also have an obvious personal interest in justice being served even when there may not be a finding that would result in a financial settlement, which is impressive in this field.”
★★★★★

“Bracker & Marcus made me feel safe when the world was closing in around me. Their expertise in the industry, devotion towards their clients and pride in what they do, make them 5 stars all the way around.”

The False Claims Act: How whistleblowers help fight fraud

The False Claims Act (31 U.S.C. §§ 3729-3733) imposes liability on individuals and entities that knowingly submit false claims for government funds. The qui tam provision of the FCA allows private citizens (relators) to file lawsuits on behalf of the government.

How False Claims Act (FCA) Cases Work

False Claims Act lawsuits—also known as qui tam actions—are powerful legal tools that allow whistleblowers to expose fraud against the government. These cases follow a unique multi-stage process designed to balance confidentiality, investigation, and accountability. Here’s how it typically unfolds.

1. Filing the Qui Tam complaint under seal

The process begins when a whistleblower, known legally as a relator, files a qui tam lawsuit under seal in federal court. The “under seal” provision ensures that the case remains confidential—often for several years—so the government can thoroughly investigate the allegations without tipping off the defendant. During this time, the defendant is unaware of the lawsuit’s existence.

2. Government investigation

The U.S. Department of Justice (DOJ), often in coordination with other federal or state agencies, investigates the claims to determine the extent of fraud. This investigation may involve reviewing documents, interviewing witnesses, or issuing subpoenas. Investigations can be complex and time-consuming, frequently lasting two to three years or more depending on the nature and scope of the alleged fraud.

3. Decision to intervene

After its investigation, the government must decide whether to intervene—essentially choosing to join the case as a party.

If the government intervenes, it assumes primary responsibility for prosecuting the case, often leading to negotiated settlements or court litigation.

If the government declines to intervene, the whistleblower still has the right to pursue the case independently, often with the support of private legal counsel.

4. Whistleblower’s reward

Successful FCA actions result in substantial financial recoveries for the government—and financial rewards for the whistleblower.

If the government intervenes and the case leads to a recovery, the relator is entitled to receive 15% to 25% of the total amount recovered.

If the government declines and the whistleblower proceeds and wins, the relator’s share increases to 25% to 30%.

These incentives are intentionally significant to encourage private citizens to come forward and expose fraud that may otherwise go undetected.

5. Damages and penalties

Violators of the False Claims Act face severe financial consequences. The statute allows for treble damages, meaning defendants can be required to pay three times the government’s actual losses. Additionally, civil penalties of up to tens of thousands of dollars may be assessed per false claim submitted, which can dramatically increase the total liability.

Why whistleblowers need Bracker & Marcus on their side

Filing a False Claims Act case is a complex and high-stakes process that requires experienced legal counsel to ensure compliance, maximize financial recovery (up to 30% of recovered funds) and protect whistleblowers from retaliation.

At Bracker & Marcus LLC, we provide dedicated representation, guiding whistleblowers through legal complexities, government investigations, and protection against workplace retaliation. We work closely with federal agencies to strengthen cases and secure the highest possible rewards.

If you’re ready to take a stand against fraud, contact us for a confidential consultation—we’re here to fight for you every step of the way.

Common areas of FCA litigation

False Claims Act cases may arise in any industry with government dealings, but healthcare, government contracting, and financial and research grant fraud are the most common.

Healthcare fraud

  • Medicare & Medicaid fraud – Upcoding, unbundling, billing for unnecessary services
  • Kickback schemes – Violations of the Anti-Kickback Statute and Stark Law
  • Pharmaceutical fraud – Off-label marketing, “best price” fraud, and defective drugs
  • Medical device fraud – Billing for unapproved or faulty medical devices

Government contracting fraud

  • Defense contractor fraud – Overcharging, bid-rigging, defective products
  • Procurement fraud – Falsified compliance, false certifications, price inflation
  • Construction fraud – Using substandard materials in federally funded projects

Financial & research grant fraud

Weighing your options: Litigating a declined qui tam case

If the government declines to intervene, the relator must decide whether to proceed independently. Many law firms avoid declined cases, but at Bracker & Marcus LLC, we carefully evaluate each case and:

  • Determine the strength of the claim – Some of the largest FCA recoveries have come from declined cases
  • Bring in co-counsel when needed – To level the playing field against powerful defense teams, we collaborate with experienced FCA litigators at no additional cost to the whistleblower.
  • Assess risk and reward – Litigating a declined case can be expensive and time-consuming. We provide honest advice to help relators decide if proceeding is the right choice.

Successful FCA cases: How whistleblowers get paid

The False Claims Act incentivizes whistleblowers by awarding a percentage of the total recovery:

  • 15-25% if the government intervenes
  • 25-30% if the relator proceeds independently

Damages in FCA cases

  • Treble damages – The defendant pays three times the amount defrauded
  • Civil penalties – Up to $27,018 per false claim
  • Attorney fees – Defendants may be required to pay legal costs

We help the government aggressively pursue fraudsters, and whistleblower claims can be highly valuable.

Your first steps: Contacting an FCA attorney

The False Claims Act empowers courageous whistleblowers to fight fraud against the government and recover stolen taxpayer dollars. At Bracker & Marcus LLC, we are dedicated to protecting relators, guiding them through every stage of the legal process, and maximizing their potential rewards.

We offer:

  • Confidential case evaluations – We protect whistleblowers from retaliation and exposure.
  • Nationwide representation – No matter where you are, we can handle your case.
  • No upfront costs – We work on a contingency basis, meaning we don’t get paid unless you win.

Call Bracker & Marcus LLC today at (770) 988-5035 or schedule a free consultation to discuss your case.

We answer common questions about the False Claims Act

Does the FCA only apply in the U.S.?

The FCA was intentionally designed to be broad and far-reaching, allowing Bracker & Marcus LLC to help whistleblowers expose fraud wherever it occurs. The FCA applies to misconduct involving U.S. federal spending, procurement, or contracting, even if the fraud occurs outside the United States. Additionally, the law permits any individual, including non-U.S. citizens and NGOs, to serve as a whistleblower.

Resources for whistleblowers