How to File a Claim

There are a number of important steps that you should be aware of before filing a potential claim under the False Claims Act. If you follow these steps, you can avoid many problems and pitfalls along the way.

Keep It Confidential

Do not freely discuss details, evidence or other information that you have about the potential claim. Disclosure to the media or any other individuals prior to filing may prohibit you from sharing in any recovery.

Contact an Attorney

Only discuss your potential claim with a qualified qui tam attorney who can assist you in evaluating the merits of your case. It is recommended that you choose a qui tam law firm, like LPK, that offers an initial "free consultation" and one that will accept your case based on a contingency fee.

Timing Is Critical

If you plan to bring a case, it is important to do so before another "whistleblower" beats you to the courthouse. The first person to file a case under the False Claims Act for a particular fraud virtually preempts all other cases. Potential whistleblowers should keep in mind that the timing of a lawsuit is critical because the False Claims Act has a statute of limitations that may be as short as six years.

The Investigation Is "Under Seal"

Your lawsuit in federal court will be filed "under seal," meaning it is not available to the public and cannot be discussed with anyone except the government officials investigating the case. Even the defendants - the individual or organization charged with committing fraud - are not initially told about the lawsuit. This gives the government time to investigate the fraud allegations without alerting the defendant. The government then has 60 days to review the case and decide whether it looks like one that is worthwhile to pursue. In reality, seals on qui tam cases are routinely extended for one or two years.

The Defendants Are Served

If the government decides to intervene in the case, the lawsuit is unsealed, a copy is served on the defendant(s), and the government, the "whistleblower" (relator) and their attorneys work together in the case as co-plaintiffs. If the government declines to intervene, the relator may still go forward with the lawsuit, but the chances of a successful outcome are much greater with the government’s participation.

Remember… You Are Protected!

The Whistleblower Protection Enhancement Act of 2007 (HR 985), an amendment to the False Claims Act, protects you from harassment, demotion, and wrongful termination for reporting fraud against the federal government. If you are aware of or suspect any person, company or entity involved in defrauding the government, do not delay… call Levy Phillips & Konigsberg, LLP, for a free consultation today.