Fighting Over Whistle Blower Claims

Whistle blower claims are being filed under The False Claims Act, also known as Qui tam. The Latin expression, Qui tam means €œhe who brings an action for the King, as well as himself.€ The False Claims Act allows average citizens to bring a lawsuit against those that they discover are defrauding federal programs and contracts. An individual can sue the wrongdoer, and the government can join the lawsuit.



Under the Whistle Blower claims, the person that files the lawsuit is known as the €œrelator€. Typically, False Claims Act lawsuits involve fraud that is related to false Medicare or Medicaid charges and defense department contract fraud is another common lawsuit allegation.



Violators are penalized three times the amount of the fraud, with additional penalties of $5,000 to $10,000 per false claim. For the €œrelator€ or civilian that has evidence and files the lawsuit, they will receive 15% to 30% of the amount recovered, in the event a judgment or settlement is granted against the plaintiff.



Whistle blower claims are now on, as more individuals file lawsuits under the False Claims Act. The average person that finds evidence of fraudulent charges on their medical bills, which have been billed to Medicare, can find themselves suing a corrupt doctor or health care organization, and winning a portion of the recovered funds.



Of course, you only receive an award if the government recovers money as a result of your lawsuit and informing the government is not enough. You must file the Qui tam lawsuit and win. It can take years for the cases to go to court, up to five years or more in many cases.



While the False Claims Act does not require you to report the fraud to the government before filing the Qui tam lawsuit, there are certain circumstances where you would be wise to do so. Speaking to an attorney that is familiar with Qui tam lawsuits would be advisable to keep from incurring liability yourself, and to get advice on the validity of your claim.



Some places, such as the United Nations, have been in the news lately for wanting to put impediments in place to hinder Whistle blower claims. Putting reporters in open cubicles where privacy can€™t be protected is a proposed action they would like to take. They are still not commenting on the lack of giving back pay to whistle blowers that have won their lawsuits for violations of due process. Some are saying the United Nations is sending a message that whistle blowers have nothing to gain, but this is not really the case.



With proper legal representation, you can win these awards and collect on them. If you have reason to believe that you have concrete evidence of fraud against the government, action should be taken. The award incentives are part of winning a Qui tam lawsuit and trained attorneys will be able to tell you whether you have a good chance of winning or not. Other €œrelators€ can join your Qui tam lawsuit, which provides additional evidence, and you split a larger award. Contact an attorney familiar with Qui tam lawsuits, if you have evidence of fraud against the government. The legal advice can mean the difference of an award or a waste of time.

David Vtipil is a leading North Carolina Personal Injury Attorney . Younce & Vtipil Workplace Injury Law Firm is focused on getting victims the settlement they deserve.

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