What is a qui tam complaint?

What is a qui tam complaint?

Qui tam lawsuits are a type of whistleblower lawsuit that is brought under the False Claims Act, a law that rewards whistleblowers in successful cases where the government recovers funds lost to fraud. Qui tam lawsuits have helped to recover billions that have been stolen from the US Treasury and taxpayers.

What happen if a qui tam lawsuit is not successful?

False Claims Act Whistleblowers Protected Even Without a Successful Qui Tam Lawsuit. The False Claims Act contains a newly broadened anti-retaliation provision that protects whistleblowers who take actions in furtherance of a Qui Tam action, or in an attempt to stop one or more violations of the False Claims Act.

Is qui tam civil or criminal?

The case netted the largest criminal fine ever imposed in the United States for any matter, $1.195 billion, and the largest civil fraud settlement against any pharmaceutical company. Qui tam “relators” are not eligible to receive shares of criminal fines.

What is a qui tam action in law?

Definition. In a qui tam action, a private party called a relator brings an action on the government’s behalf. The government, not the relator, is considered the real plaintiff. For example, the federal False Claims Act authorizes qui tam actions against parties who have defrauded the federal government.

Who can sue under False Claims Act?

Under the False Claims Act, qui tam allows persons and entities with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the United States Government. In qui tam actions, the government has the right to intervene and join the action.

What can cause a false claim to occur?

Liability under the federal False Claims Act occurs where a defendant (1) knowingly presents (or causes to be presented) a false or fraudulent claim for payment; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim; (3) conspires with others to …

Which of the following activities is a violation of the False Claims Act?

Examples of practices that may violate the False Claims Act if done knowingly and intentionally, include the following: Billing for services not rendered. Knowingly submitting inaccurate claims for services. Taking or giving a kickback for a referral.

What is the federal False Claim Act?

In addition to allowing the United States to pursue perpetrators of fraud on its own, the FCA allows private citizens to file suits on behalf of the government (called “qui tam” suits) against those who have defrauded the government. …

What is false claim lawsuit?

The False Claims Act, also known as the “Lincoln Law,” is a whistleblower law that allows private citizens to sue any individuals, companies or other entities that are defrauding the government and recover damages and penalties on the government’s behalf.

Who investigates False Claims Act?

The False Claims Unit of the Corporate Fraud Section investigates alleged violations of the Act based upon referrals from state, federal and local agencies, tips from members of the public and qui tam complaints, otherwise known as whistleblower complaints.

How do I report a False Claims Act?

The most commonly used methods are by reporting the fraud to the Inspector General for the federal agency that has been defrauded, by notifying the Federal Bureau of Investigation (FBI), or by filing a “qui tam” action in federal court pursuant to the False Claims Act.