|Is there a deadline for filing a qui tam action?
Under the False Claims Act, an action must be filed within the later of the following two time periods: either six years from the date of the violation of the Act or three years after the government knows or should have known about the violation, but in no event longer than 10 years after the violation of the Act.
|How long does a qui tam action take?
The length a qui tam (KEY tam) action takes can vary significantly, but most take years. For example, the time from the filing of a qui tam action until its resolution has sometimes been as many as five years or more.
|What does "qui tam" mean?
Qui tam (KEY tam) is an abbreviated version of a Latin phrase that means 'who as well for the king as for himself sues in this matter.' When this phrase is applied to labor and employment law, it simply means any action brought about by a private citizen on behalf of the federal government that can result in holding wrongdoers liable for government fraud.
|Do I have any protection against being fired for blowing the whistle under the False Claims Act?
Yes. As prescribed under Section 3730h (3-7-3-0 H) of the False Claims Act, you're entitled to all relief necessary to make you whole if you've been discharged, demoted, harassed, or discriminated against for exercising your rights under the act.
|How can a citizen receive an award for blowing the whistle under the False Claims Act?
The only way you can receive an award is by filing and winning a qui tam (KEY tam) lawsuit that results in a monetary recovery. Keep in mind that if you just merely inform the government of a violation and never file an actual lawsuit, you won't be eligible to share in any part of the recovered money at all.
|What kind of cases?
There can be several different kinds of cases involved in qui tam (KEY tam) lawsuits. Probably the most common type filed is mischarging cases. Mischarging cases generally involve filing false claims for goods or services that weren't provided or delivered.
|How much money can a citizen receive for bringing a qui tam action?
If the government intervenes and joins a qui tam (KEY tam) action, plaintiffs are generally eligible to receive at least 15 percent, but not more than 25 percent, of the recovery, depending upon their contribution to the prosecution of the action.
|Can I keep my identity a secret if I file a qui tam action?
Basically, when you file a qui tam (KEY tam) action, the government needs to know your identity. In all likelihood, it will have to disclose your name to the defendant at some point during the proceedings.
|Does the False Claims Act cover tax fraud?
The False Claims Act does not include tax fraud. Section 3729e (3-7-2-9 E) explicitly states that the provisions under the Act 'do not apply to claims, records, or statements made under the Internal Revenue Code.
|Does the False Claims Act cover waste and management?
The False Claims Act does not provide a remedy for waste or mismanagement that doesn't rise to the level of fraud. The Act is aimed only at fraud committed against the Government.