Founder
Filing a False Claims Act lawsuit is a powerful way to stand against fraud and protect public funds. If you’ve witnessed fraudulent activity involving government contracts or programs, understanding the steps to initiate a lawsuit under this act is crucial. From gathering evidence to the government’s investigation, this process allows individuals to hold wrongdoers accountable while potentially receiving a share of the recovered funds. Here’s how to begin a False Claims Act case.
Understanding the False Claims Act
The False Claims Act (FCA) is a federal law that allows private individuals, known as whistleblowers, to file lawsuits on behalf of the government against entities that have defrauded federal programs. Originally enacted in 1863 to combat defense contractor fraud, the FCA remains one of the most effective tools for uncovering and addressing fraud involving government contracts, healthcare, and other federal spending. A key feature of the FCA is the “qui tam” provision, which permits whistleblowers to share in any financial recovery obtained through the lawsuit. This act not only serves to recover funds for the government but also incentivizes individuals to expose fraudulent activities.
Step-by-Step Process for Filing a False Claims Act Lawsuit
1. Gathering Evidence
The first step in filing a False Claims Act lawsuit is to collect substantial evidence that demonstrates fraud against the government. This evidence may include documents, emails, contracts, or any other materials that support your claim. It’s important to be thorough and discreet during this stage, as discussing the case with others could jeopardize the investigation. Your evidence must clearly show that the defendant knowingly submitted false claims or engaged in fraudulent activities.
2. Consulting an Attorney
Before taking any formal steps, it’s essential to consult with an experienced False Claims Act attorney. They can evaluate the strength of your case, guide you through the legal requirements, and help you understand your rights as a whistleblower. An attorney will also advise you on the potential risks and rewards of pursuing the lawsuit. They can ensure that your claim is filed correctly and that all legal procedures are followed.
3. Filing the Complaint Under Seal
Once you’ve gathered sufficient evidence and consulted with an attorney, the next step is to file your complaint in federal court. Under the False Claims Act, this complaint is filed “under seal,” meaning it is kept confidential while the government investigates the allegations. The seal period typically lasts at least 60 days, but it can be extended. During this time, the defendant is unaware of the lawsuit, allowing the government to conduct a thorough investigation without interference.
4. Government Investigation
After filing the complaint, the government will investigate the claims to determine if they want to intervene in the case. The investigation involves reviewing the evidence you’ve provided and may include interviews, audits, or further inquiries. If the government decides to intervene, they will take over the case. If they decline, you may still proceed with the lawsuit independently, although it can be more challenging without government backing. In either scenario, your attorney will guide you through the next steps.
Legal Proceedings and Potential Outcomes
After the government completes its investigation, the legal proceedings of a False Claims Act lawsuit take shape. If the government intervenes, they will assume primary responsibility for prosecuting the case, often leading to a settlement or trial. As the whistleblower, you may continue to play a role, and if the case is successful, you could receive a percentage of the recovered funds, typically ranging from 15% to 30%.
If the government declines to intervene, you still have the option to pursue the lawsuit independently, though this can be more demanding without government support. The case may proceed to trial, where the court will determine the outcome. In addition to financial rewards, the FCA offers protection against retaliation, ensuring that whistleblowers are safeguarded from adverse actions by their employers. These legal safeguards encourage individuals to report fraud without fear of reprisal.
Contact Our Experienced Rhode Island False Claims Act Attorney
At Herman Law Group, we have the knowledge and experience to guide you through filing a False Claims Act lawsuit. Our dedicated team is committed to protecting your rights and ensuring that those who commit fraud are held accountable. Contact us today for a confidential consultation to discuss your case.
Herman Law Group, headquartered in East Providence, provides False Claims Act legal services across the entire United States. Our firm offers specialized support nationwide, ensuring whistleblowers and individuals can confidently report fraud against the government, knowing they have expert legal representation. We are dedicated to protecting whistleblowers and helping them navigate the complexities of the False Claims Act to expose fraud and misconduct anywhere in the country.
