False Claims Act Retaliation and Qui Tam Litigation

What is Qui Tam litigation?
Qui Tam is shorthand for the Latin phrase "Qui Tam pro domino rege quam pro si ipso in hac parte sequitur," which means "who sues on behalf of the King, as well as for Himself." Under the False Claims Act (Fca), a secret private with knowledge of fraud committed against the federal government may sue on behalf of the government to recover losses caused by the fraud.

What incentives are ready for qui tam whistleblowers to disclose fraud?

Attorney Washington

To encourage whistleblowers to come forward and expose fraud on the government, the Fca awards whistleblowers 15% to 30% of the government's recovery.

False Claims Act Retaliation and Qui Tam Litigation

What activities are prohibited under the False Claims Act?

The False Claims Act prohibits fraud spicy federally funded contracts or programs. Exact examples of activities prohibited under the False Claims Act include:

Knowingly presenting or causing to be presented, a false or fraudulent claim for payment or approval by the Government;

Knowingly making, using or causing to be made or used, a false description or statement to get a false or fraudulent claim paid or popular ,favorite by the Government;

Conspiring to defraud the Government by getting false or fraudulent claims popular ,favorite or paid by the Government;

Authorizing the making or delivery of a document that certifies the receipt of asset used or to be used by the Government and intending to defraud the Government by making or delivering the receipt without completely knowing that the data on the receipt is accurate;

Knowingly buying or receiving an promulgation or debt from the Government without being able to legally buy or receive that promulgation or debt; and

Knowingly making, using or causing to be used, a false description or statement to conceal, avoid, or decrease an promulgation to pay or forward asset to the Federal Government.

False Claims Act Retaliation
What activities are protected?

Under the Fca, an laborer engages in protected operation by acting in furtherance of a qui tam action. This includes:
(1) investigating an Fca action,
(2) initiating an Fca action,
(3) testifying for an Fca action, or
(4) assisting in an Fca action.

Specific examples of protected operation include:

Bringing illegal guide to an employer's attention;

Refusing to participate in a scheme to defraud the government;

Reporting to a supervisor that flawed devices were being in case,granted to the military; and

Reporting internally the existence of fraudulent activity.

What must the plaintiff prove to prevail?

To prevail in an Fca retaliation case, the laborer must prove the following:

The laborer was engaged in protected activity; and

The employer knew that the laborer was engaged in protected activity.

What retaliatory acts are prohibited under the False Claims Act?

The Fca prohibits any operation taken by an employer which has a negative consequent on the terms, conditions, or privileges of employment. This includes termination, demotion, suspension, harassment and any other act that would dissuade a cheap man from reporting violations of the Fca.

What can a prevailing whistleblower recover?

Section 3730 (h) of the Fca provides that prevailing employees will be made whole, i.e., will be returned to the same position the laborer would have been in absent the retaliation. In particular, the Fca authorizes reinstatement, duplicate back pay, interest on back pay, litigation costs and cheap attorney fees.

False Claims Act Retaliation and Qui Tam Litigation