The Federal False Claims Act (“FCA”)
My firm represents whistleblowers in many different types of cases pursuant to the Federal False Claims Act (“FCA”). The FCA allows private citizens to file what is known as a qui tam case alleging violations of one or more the FCA. In terms of results obtained, in 2019 I obtained a Judgment of $339 Million in a Whistleblower Home Health Care Fraud Case brought pursuant to the FCA. I have also represented clients in cases involving Medical Transportation fraud, healthcare fraud by hospitals and dentists and their dental organizations, government contracting fraud, and a myriad of other types of fraud under the FCA.
FCA qui tam cases are filed under seal to allow the government 60 days (this time period is often extended) to allow the government to investigate to determine whether it is going to intervene in the case. If it does, the whistleblower or Relator is entitled to receive 15-25% of the recovery by the government whether by settlement or Judgment. If the government elects not to intervene in the case, the Relator can still pursue the case on behalf of the government. In the event of a recovery, the Relator is entitled to 25-30% of the recovery by the government.
Many of my clients have been retaliated against for reporting fraud within their organizations. Fortunately, the FCA provides protections to employees who are retaliated against, and allows employees who are terminated or forced to resign for reporting fraud to sue for two time the amount of their back pay plus attorneys’ fees and other damages.
The FCA prohibits any person from submitting a claim for the purpose of defrauding the federal government, whether it be a healthcare Medicare or Medicaid fraud claim, government contract fraud or any other myriad FCA violations. In the event the defendant is held liable, the government is entitled to treble damages plus a penalty of $5,500-$11,000 for each violation of the FCA.
The full text of the FCA is set forth in 31 U.S.C. Section 3729 et. seq. and may be accessed by the following link: https://www.law.cornell.edu/uscode/text/31/3729.
Blow the Whistle on FCA Fraud
Individuals with knowledge of FCA fraud committed by employers, healthcare facilities, dentists, government contractors, pharmaceutical companies, and others may be able to blow the whistle on the fraud using the FCA. Whistleblowers play a critical role in bringing this fraud to light and holding wrongdoers accountable when they try to cheat the system.
To talk with me about your FCA case, call my Dallas law offices at 214-617-2181 or contact me online. Consultations with a Dallas County Qui Tam attorney are free and confidential. I handle these types of cases on a contingent fee basis, meaning you owe me no legal fees or expenses unless I obtain a recovery for you.