Under the United States federal False Claims Act, employees or other individuals who have proof of corporate fraud against the government or other illegal activities may be able to bring a qui tam lawsuit against the fraudulent entity in the name of the government. Whistleblowers who bring qui tam lawsuits also are protected from retaliation under the False Claims Act. When these tips lead to the successful recovery of funds, the whistleblower may be eligible for a financial reward.
If you have proof of corporate fraud against the government or its agencies or any other corporate criminal or illegal activity, contact the Boston qui tam lawyers of Tycko & Zavareei LLP today for a free, confidential case evaluation.
What is the False Claims Act?
The False Claims Act (FCA) was originally designed to address the rampant military contractor fraud that was taking place during the Civil War. The United States government realized that government contractors were supplying the U.S. military with unsatisfactory goods and services during wartime, so the FCA was put in place to incentivize citizens to assist the federal government in combatting the fraud that was taking place. Today, the FCA is still the main weapon the U.S. government has in combating corporate fraud and protecting American taxpayer dollars.
What is Qui Tam?
Under the False Claims Act, the qui tam provision exists to allow the employee or individual who is coming forward with proof of corporate fraud, sometimes called the whistleblower or qui tam relator, to bring a qui tam lawsuit on behalf of the U.S. government.
The qui tam provision also provides whistleblowers with additional financial incentives as well as retaliation protection for coming forward about corporate fraud.
Whistleblowers whose tips lead to the government’s successful recovery of stolen or defrauded funds are entitled to a monetary award that equates to between 15 and 30 percent of the total funds that are recovered by the government, plus attorney’s cost and fees.
If you believe you have proof of your employer or another corporation defrauding the government or otherwise engaging in illegal activity, contact Tycko & Zavareei LLP today.
How Are Boston Whistleblowers Protected?
Under the False Claims Act, whistleblowers are protected from retaliation from their employers. Examples of employer retaliation may include terminating, suspending, or demoting employees who become whistleblowers, threats and harassment, or any discrimination toward the whistleblower for coming forward with the information about the employer’s fraudulent or illegal behavior.
If a whistleblower is retaliated against by their employer, they are entitled to receive “all necessary relief in order to make the employee whole.” Whistleblowers who have been retaliated against may be eligible for reinstatement, backpay for missed time at work as well as added interest on the backpay, and reasonable attorney’s fees and costs.
What Are Common Examples of Corporate Fraud against the Government?
When businesses or corporations seek to obtain unwarranted and unjustified funds from the federal government or its agencies, this is deemed as fraud and is a violation of the False Claims Act. Fraud and FCA violations can occur in any industry in which government contracts or funding are involved. Types of fraud common in whistleblower lawsuits include:
- Healthcare fraud: Including fraud involving Medicare, Medicaid, or the VA
- Pharmaceutical fraud: Involving kickbacks, drug pricing, and more
- Defense contractor fraud
What Evidence Does a Boston Qui Tam Relator Need?
Depending on the type of fraud you are seeking to expose, the necessary evidence will differ. In general, the types of evidence used in qui tam cases involving False Claims Act violations can include emails, internal memos, and financial records. Evidence used in whistleblower lawsuits should answer the following questions:
- Who is committing fraud against the government, and who knows about it?
- What types of FCA violations are taking place, and when and where did the violations take place?
- How did the fraud take place?
- Is the fraud ongoing?
- How was the public affected?
- How much money was obtained through fraud?
Successful Massachusetts Qui Tam Cases
In 2021, a patient of an eye and ear clinic in Massachusetts assisted in bringing a successful whistleblower lawsuit against the clinic for engaging in fraudulent activities, including submitting improper Medicare and Medicaid claims. The qui tam claim led to the successful recovery of over $2.5 million in FCA violations.
Another Massachusetts whistleblower case against Indivior for the marketing of the opioid addiction drug Suboxone resulted in a settlement of $300 million. The whistleblowers helped bring the qui tam case on the basis that Indivior was marketing the drugs unsafely and making false or misleading claims to Medicaid.
How Can a Boston Qui Tam Lawyer Help Me?
Qui tam law can be complex and it may be in your best interest to consult with an experienced whistleblower lawyer when considering bringing a qui tam claim. An experienced qui tam attorney will be able to assist you throughout the legal process by:
- Evaluating the strength of your claim and determining whether or not your whistleblower claim will hold up in court.
- Aiding you in filing the qui tam lawsuit under the appropriate whistleblower program and urge the government to come on to your case in order to increase the chances of successfully recovering defrauded funds.
- Protecting you from retaliation from the fraudulent entity as retribution for coming forth as a whistleblower.
Contact a Boston Qui Tam Lawyer
The Boston qui tam lawyers of Tycko & Zavareei LLP have decades of experience representing whistleblowers across the country, helping them to shed light on entities that defraud the federal government. If you have evidence of a company’s fraud against the government or any of its agencies, contact the Boson qui tam lawyers of Tycko & Zavareei LLP today for a free legal evaluation.
