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Frequently Asked Questions about Qui Tam
Q: What is a "Qui Tam" action?
A: Qui tam (from the Latin qui tam pro domino rege quam pro sic ipso in hoc parte sequitur, meaning "who sues in this matter for the king as well as for himself") is the traditional name for a civil lawsuit brought by an informant to recover a penalty or fine. The term is most commonly used today to describe a lawsuit brought under the federal False Claims Act, or similar state laws, which alleges that someone who received government funds defrauded the government. The plaintiff in a qui tam action is awarded a share of the money recovered from the defendant. The plaintiff's share may be up to thirty percent of the amount recovered.
Q: Why doesn't the government bring qui tam actions?
A: Qui tam actions are brought by people who have knowledge of the fraud before the government knows about it. When the suit is brought, the government is notified about the facts of the case, and given the opportunity to participate.
The United States government does billions of dollars of business with private citizens. The vast majority of the parties who contract with the government are honest, fair dealing business people. Unfortunately, a significant number give in to the temptation to cheat, and defraud the government by over billing, charging for services never provided or goods not delivered, or by disregarding their contractual obligations. Fraud in contracting hurts those who rely on the integrity of government contracts. If you know about fraud, contact an attorney to discuss taking action.
California Qui Tam Attorneys
If your employer has defrauded or stolen from the U.S. Government, you may be able to file a Qui Tam lawsuit. You can recover a monetary reward for protecting the government from corporate fraud.
To learn more, call Advantage Law Group in California. To reach one of our four office locations in San Diego, Orange County, the Bay Area, or San Jose, call us at (866) 406-3204.
Qui Tam - An Overview
Do you have information that someone-a company or an individual-is defrauding the federal government? If you do, you may be able to bring a lawsuit known as a qui tam action. A qui tam action lets the government recover money that it lost due to fraud. An individual who brings a qui tam action is also entitled to an award of a percentage of the money recovered by the government. If you have knowledge of fraud against the government, it is essential that you seek legal counsel from experienced qui tam litigation attorneys.
Who Can Bring a Qui Tam Action?
The federal False Claims Act provides that anyone who has knowledge of fraud or dishonesty may file a qui tam action, but there are limitations. Because the purpose of a private qui tam action is to pursue fraud that has not been uncovered before, a person may not bring a qui tam action if the fraud is public knowledge (for example, if the fraud has been a subject of a prior court action, or has been the subject of testimony before an administrative agency or a legislative body) unless the person bringing the action had knowledge of the wrongdoing independent of the public's knowledge. If you have information about a fraud against the government, you need legal counsel from experienced qui tam litigation attorneys.
Government Involvement in a Qui Tam Action
A qui tam action is brought to recover money for fraud committed against the federal government. Although qui tam actions are usually brought by private citizens or entities, the federal government has a role to play in a qui tam action. The extent of its involvement will vary from case to case. An experienced qui tam litigation attorney can analyze your claim and determine how much governmental involvement may be anticipated in your case.
Awards in Qui Tam Actions
Qui tam actions carry with them the potential for substantial monetary judgments being entered against the defendants. A portion of that award will go to the person who initiated the action. An experienced qui tam litigation attorney can analyze your case, and determine how much the likely award will be.
Protection for the Whistleblower
Most qui tam actions are brought by employees of a company that has defrauded the government. Many employees who know of fraud committed by their employers are reluctant to come forward with information about that fraud, for fear of the possible actions an employer might take in retaliation. Fortunately for them, federal law contains protections for employees who report fraud fraud committed by their employers. An experienced qui tam litigation attorney can advise you regarding your rights and protections.
Qui Tam Resource Links
The Qui Tam Information Center
General information website, maintained by the Bauman & Rasor Group, Inc., investigators and consultants who specialize in qui tam actions.
The False Claims Act Legal Center
Website operated by Taxpayers Against Fraud, a nonprofit organization dedicated to using qui tam actions to combat fraud against the government.
Government Accountability Project
"The nation's leading whistleblower organization," working to promote government and corporate accountability.
Ignet
Lists and links to federal Inspectors General, the officers charged with investigating fraud cases.
U.S. Department of Justice
Agency in charge of pursuing fraud cases.
