How did you discover the fraud?
Here are just some of the important questions you must consider:
Did someone make a false statement to the Government for purposes of getting paid?
If so, who made the false statement, to whom, when, where, why, and how?
What Government programs or funds are involved?
Is it possible that anyone within the Government approved the alleged fraud?
Is there any evidence of wrongdoing by the Government itself?
Has anyone done anything to try to cover up this fraud?
Has anyone but you told the Government about it?
Who else knows about the fraud?
Are they likely to be helpful to, or hostile to, the defendant?
What documents were submitted to obtain payment and what is false about them?
Who was responsible for or involved in the fraud, and what evidence is there to prove it?
How was the Government damaged by this fraud?
Is your knowledge of the fraud direct and independent, or is it second or third-hand?
Has the fraud been publicly disclosed?
Is there information about you, or your past, that reflects negatively on you?
POINTS TO REMEMBER:
Even though the case is initially filed "under seal," your anonymity, once the case has been filed, cannot be assured.
These cases can, and usually do require years to conclude, and the results are never certain.
If the Department of Justice decides not to intervene, and your law firm elects to continue with the case, you may be responsible for paying the defendant’s legal fees and expenses.
If the defendants have any claims against you, they may be able to bring them against you in connection with the Qui Tam action or in a separate action.
If you personally have committed a crime, filing a Qui Tam case will probably not permit you to share in the Government’s recovery.
Certain types of cases are exempt from the Qui Tam statute.

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