What is Qui Tam?

Qui Tam is a legal provision that allows private individuals, often referred to as “whistleblowers,” to file lawsuits on behalf of the government against entities or individuals committing fraud against federal or state programs. Qui Tam lawsuits incentivize whistleblowers by granting them a portion of the recovered funds as it is derived from the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur (“he who sues in this matter for the king as well as for himself”).

Contact our Orange County employment lawyers, if you have experienced workplace issues. Call (949) 379-6250 for a free consultation today.

Qui Tam Lawsuits in California

In California, Qui Tam actions are most commonly associated with violations of the False Claims Act (FCA) at both the federal and state levels. These laws are designed to combat fraudulent activities such as overbilling, falsifying records, or providing substandard services in industries like healthcare, defense contracting, and education.

Examples of Fraud Addressed by Qui Tam

Qui Tam lawsuits are typically filed in response to fraudulent activities, including but not limited to:

Healthcare Fraud

• Billing Medicare or Medicaid for services not provided.
• Inflating charges or submitting claims for unnecessary medical procedures.

Government Contract Fraud

• Delivering defective or substandard goods to government agencies.
• Overbilling or falsifying costs in federal contracts.

Education and Research Fraud

• Misusing federal grants or falsifying research data for government-funded programs.

Tax Fraud (in some states)

• Underreporting earnings or falsifying tax filings to evade state tax obligations.

How Does a Qui Tam Case Work?

The Qui Tam process typically unfolds as follows:

1. Filing the Complaint: A whistleblower files the complaint under seal in a federal or state court, allowing the government to review the allegations confidentially.
2. Government Investigation: The government investigates the claims to determine whether to intervene and take over the case. This process can take months or even years.
3. Government Decision: If the government intervenes, it assumes the lead in prosecuting the case. If not, the whistleblower can proceed independently with their attorney.
4. Litigation and Recovery: If the case succeeds, the whistleblower may receive a portion of the recovered funds, typically ranging from 15% to 30%.

Protections for Whistleblowers

Whistleblowers are protected from retaliation under federal and state laws. Employers cannot fire, demote, harass, or otherwise punish an employee for reporting fraud. If retaliation occurs, whistleblowers can pursue additional legal action for damages, including reinstatement, back pay, and compensation for emotional distress.

If you or a loved one have experienced retaliation from your employer, contact our Orange County retaliation attorneys to discuss your legal options today.

How an Orange County Whistleblower Lawyer Can Help You Pursue Your Qui Tam Claim

Navigating a Qui Tam lawsuit can be legally complex and emotionally taxing, making the support of an experienced Orange County whistleblower lawyer invaluable. Here is how they can assist:

Case Evaluation

A lawyer assesses the strength of your evidence, ensuring your claims meet the requirements under the False Claims Act.

Filing the Complaint

They file the Qui Tam complaint in compliance with strict procedural rules, ensuring your case remains under seal and confidential.

Government Liaison

Your whistleblower lawyer in Orange County acts as an intermediary, working with government investigators to strengthen your case and increase the likelihood of government intervention.

Protecting Your Rights

They safeguard you against retaliation, helping you take legal action if your employer harasses or penalizes you for whistleblowing.

Maximizing Rewards

Our whistleblower attorneys in Orange County will advocate for you to receive the highest possible percentage of the recovered funds, leveraging their experience and knowledge to argue for your contribution’s value.