Contact Nashville Whistleblower Attorney Timothy L. Milles Today if You Are Thinking of Blowing the Whistle
INTRODUCTION TO THE FALSE CLAIMS ACT Call Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process
In the United States, the False Claims Act (FCA), also known as the Whistleblower Protection Act, provides legal safeguards against retaliation for individuals who report fraudulent activities committed by their employers or organizations. This law prohibits retaliation, such as harassment, threats, demotions, terminations, or any other form of discrimination, against whistleblowers for their decision to come forward. The Whistleblower Protection Act extends these protections to federal employees, preventing federal agencies from firing, demoting, blacklisting, or engaging in other retaliatory actions against whistleblowers. Additionally, the Act grants whistleblowers the right to seek remedies, including reinstatement if terminated or demoted, back pay, and compensatory damages.
Read on to learn the answers to ten frequently asked questions by employees about the False Claims Action and qui tam lawsuits. If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. (855) 846–6529 or [email protected]. The consultation is free and confidential. Ask a Nashville whistleblower attorney, you may be entitled to a whistleblower award. what is the false claims act?
The False Claims Act (31 U.S.C. Sections 3729 through 3733) is recognized as the most longstanding qui tam statute, having been initially established in 1863 and subsequently revised in 1943 and 1986. Recent years have seen further enhancements in 2009 and 2010. Following its significant overhaul in 1986, it has emerged as the preeminent antifraud legislation within the United States.
what does "qui tam" mean?
Qui tam translates to "on behalf of the king." The False Claims Act permits individuals and organizations with proof of fraud against federal programs or contracts to file lawsuits against the perpetrator on behalf of the U.S. Government. In qui tam lawsuits, the government holds the option to step in and collaborate in the lawsuit. If the government opts out, the private plaintiff can continue with the case independently. Several states have enacted comparable statutes addressing fraud in state government contracts.
What types of actions are violates of the false claims act?
Certain actions that constitute breaches of the False Claims Act include:
What is a "relator" under the False Claims Act?
When President Abraham Lincoln enacted theFalse Claims Act amid the Civil War, the concept of a "whistleblower" did not exist. The statute employs the term "relator" to denote the initial source of fraud against the government. Therefore, in contemporary whistleblower reward statutes, "relator" is frequently used by courts and involved parties to refer to a whistleblower.
where do you file a qui tam lawsuit? If you are contemplating blowing the whistle, call Nashville whistleblower attorney Timothy L. Miles who can explain the process
A qui tam lawsuit must be discreetly filed under seal in a federal district court, following the procedures outlined in the Federal Rules of Civil Procedure. A copy of the complaint, along with a written disclosure statement containing virtually all significant evidence and information held by the plaintiff, must be confidentially served to both the U.S. Attorney General and the U.S. Attorney for the district where the complaint is lodged. A False Claims Act case needs to be filed in camera and under seal. The complaint and all associated details must remain confidential until the seal is officially lifted. The defendant is not served with the complaint at this stage. Should the plaintiff breach the confidentiality requirements of the seal, their complaint risks being dismissed.
What are the civil penalties under the false claims act?
Those who violate the False Claims Act are subject to paying three times the amount defrauded from the government, in addition to civil penalties ranging from $10,781 to $21,563 per false claim. A whistleblower, known as a qui tam plaintiff, can be awarded between 15 and 30 percent of the total recovered funds from the defendant, whether the recovery is achieved through a court judgment or a settlement. To qualify for this financial recovery, or whistleblower award, under the Act, it is mandatory to file a qui tam lawsuit; simply reporting the violation to the government is insufficient. You will only be eligible for an award if and when the government successfully recovers funds from the defendant as a result of your lawsuit.
what are the statute of limitations for a qui tam lawsuit?
According to the False Claims Act, a lawsuit must be initiated within the later of these two time frames: either six years from the date the Act was breached, or three years from the point when the government becomes aware or should have become aware of the breach. However, under no circumstances can the action be initiated more than ten years after the violation occurred. (A particular Circuit Court has interpreted the second condition to mean that the lawsuit must be filed within three years of the qui tam plaintiff's knowledge of the violation, rather than when the government knows or should have known about it.)
are there whistleblower protections under the false claims act?
According to Section 3730(h) of the False Claims Act, any worker who faces termination, demotion, harassment, or other forms of discrimination due to their lawful actions in support of an action under the Act is entitled to comprehensive relief aimed at restoring their position. This relief can encompass:
It is important to note, however, that the extent ofwhistleblower protection offered by Section 3730(h) is a matter of ongoing legal debate among various courts. Numerous states have wrongful termination or other employment laws that may offer alternative remedies for such discrimination. The Statute of Limitations for filing a retaliation case under the FCA differs from that for filing a qui tam recovery case. An FCA retaliation claim must be filed within the timeframe specified by the most closely related state statute. IF YOU ARE THINKING OF BLOWING THE WHISTLE, CONTACT NASHVILLE WHISTLEBLOWER ATTORNEY TIMOTHY L. MILES TODAY
If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. The consultation is free and confidential. (855) 846–6529 or email: [email protected]. Ask a Whistleblower attorney in Nashville, you could be entitled to a significant whistleblower award.
Call today and see what a whistleblower attorney in Nashville can do for you.
NASHVILLE WHISTLEBLOWER ATTORNEY
TIMOTHY L. MILES, ESQ. The Law Offices of Timothy L. Miles Tapestry at Brentwood Town Center 300 Centerview Dr., #247 Brentwood, TN 37027 Phone: (855) 846–6529 Email: [email protected] NASHVILLE WHISTLEBLOWER ATTORNEY TIMOTHY L. MILES Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors, shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently 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,Class Action: Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), 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); a Top Rated Litigator by Martindale-Hubbell® and ALM (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more. Please visit our website or call for free anytime. Comments are closed.
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