The False Claims Act (FCA) makes it illegal for any person or institution to intentionally file a false claim or create a false record regarding any federally funded program. In this case, “intentionally” includes acting with reckless disregard, which is when someone blatantly ignores the potential consequences their actions may bring. The “qui tam” provision of the FCA allows private citizens who have evidence of fraud to file a lawsuit against the at-fault party on behalf of the government.
What Does “Qui Tam” Mean?
“Qui tam” is a shortened Latin phrase meaning “who as well for the king as for himself sues in the manner.” In other words, it means that an individual is filing a lawsuit on behalf of their government. The qui tam provision of the FCA was enacted not only to encourage whistleblowers but also to protect them from any retaliation by the hands of the organization they are helping to expose.
What Is a Qui Tam Lawyer?
A qui tam lawyer is an attorney who specializes in whistleblower lawsuits. This type of litigation allows private citizens to file a lawsuit on behalf of the government against an individual or organization who’s committing fraud within our nation’s federally funded programs.
Do You Need Evidence to Be a Whistleblower?
Yes, you will need strong supporting evidence to file a qui tam lawsuit. The evidence you collect must clearly display the entity committing the fraud, the amount stolen, and any other relevant information pertaining to the crime at hand. Many whistleblowers have collected financial statements, emails, and memorandums, but others have taken an extra step and used a personal recording device to collect evidence. While this is not necessary in all cases, it is important to collect as much evidence as you can to ensure that your case can help expose the corruption.
Can You Remain Anonymous as a Whistleblower?
The False Claims Act requires that qui tam lawsuits are kept “under seal” while the case is under investigation. This means that anyone other than the U.S. Department of Justice, the U.S. attorney, the whistleblower attorney and the assigned judge of the District Court cannot view the details of your case until the case becomes unsealed. If you have any concerns about your anonymity during this process, it is a good idea to speak with a whistleblower attorney and learn more about the laws that will affect your case.
If you are considering blowing the whistle and filing a qui tam lawsuit, contact Nashville whistleblower attorney Timothy L. Miles today for a confidential and free case evaluation.
Timothy L. Miles
Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recentely selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019).
Timothy L. Miles
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