False Claims Act Retaliation and Qui Tam Litigation
The
attorneys at The Employment Law Group® law firm
have experience litigating qui tam and
retaliation claims under the
False Claims Act. In addition, The
Employment Law Group® law firm has established
favorable precedent under the retaliation provision of
the False Claims Act, including two recent decisions,
Glynn v. EDO et al and
Mann v. Heckler & Koch Defense, Inc.
What is
Qui Tam litigation?
Qui Tam is
shorthand for the Latin phrase "Qui Tam pro domino rege
quam pro si ipso in hac parte sequitur," which means
"who sues on behalf of the King, as well as for
Himself." Under the False Claims Act (FCA), a private
individual with knowledge of fraud committed against the
federal government may sue on behalf of the government
to recover losses caused by the fraud.
What
incentives are available for qui tam whistleblowers to
disclose fraud?
To
encourage whistleblowers to come forward and expose
fraud on the government, the FCA awards whistleblowers
15% to 30% of the government's recovery.
What
activities are prohibited under the False Claims Act?
The False
Claims Act prohibits fraud involving federally funded
contracts or programs. Specific examples of activities
prohibited under the False Claims Act include:
1.
Knowingly
presenting or causing to be presented, a false or
fraudulent claim for payment or approval by the
Government;
2.
Knowingly
making, using or causing to be made or used, a false
record or statement to get a false or fraudulent
claim paid or approved by the Government;
3.
Conspiring
to defraud the Government by getting false or
fraudulent claims approved or paid by the
Government;
4.
Authorizing
the making or delivery of a document that certifies
the receipt of property used or to be used by the
Government and intending to defraud the Government
by making or delivering the receipt without
completely knowing that the information on the
receipt is accurate;
5.
Knowingly
buying or receiving an obligation or debt from the
Government without being able to legally buy or
receive that obligation or debt; and
6.
Knowingly
making, using or causing to be used, a false record
or statement to conceal, avoid, or decrease an
obligation to pay or transmit property to the
Federal Government.
What
activities are protected?
Under the
FCA, an employee, contractor, or agent engages in
protected activity by acting in furtherance of a qui tam
action. This includes: (1) investigating an FCA action,
(2) initiating an FCA action, (3) testifying for an FCA
action, or (4) assisting in an FCA action. Specific
examples of protected activity include:
1.
Bringing
illegal conduct to an employer's attention;
2.
Refusing to
participate in a scheme to defraud the government;
3.
Reporting
to a supervisor that flawed devices were being
provided to the military;
4.
Reporting
internally the existence of fraudulent activity; and
5.
Any efforts
to stop 1 or more FCA violations.
What must
the plaintiff prove to prevail?
To prevail
in an FCA retaliation case, the whistleblower must prove
the following:
1.
The
whistleblower was engaged in protected activity; and
2.
The
employer knew that the whistleblower was engaged in
protected activity.
The
whistleblower must also file the retaliation claim
within 3 years of the date on which the retaliation
occurred.
What
retaliatory acts are prohibited under the False Claims
Act?
The FCA
prohibits any action taken by an employer which has a
negative effect on the terms, conditions, or privileges
of employment. This includes termination, demotion,
suspension, harassment and any other act that would
dissuade a reasonable person from reporting violations
of the FCA, even an act of retaliation against an
individual associated with the whistleblower.
What can a
prevailing whistleblower recover?
Section
3730 (h) of the FCA provides that prevailing
whistleblowers will be made whole, i.e., will be
returned to the same position the whistleblower would
have been in absent the retaliation. In particular, the
FCA authorizes reinstatement or front pay, double back
pay, interest on back pay, litigation costs, reasonable
attorney fees, and damages for emotional distress.
What
experience does The Employment Law Group® law firm have
representing whistleblowers working in the medical
profession?
The
Employment Law Group® law firm
has represented doctors, nurses, Medicare billing
specialists, accountants, and other employees of
healthcare providers in various whistleblower claims.
The
Employment Law Group® law firm
has published articles on the
False
Claims Act and the
qui tam provisions
of the False Claims Act.
Disclaimer: This website
is maintained by The Employment Law Group® law firm to provide general
information about itself and the field of employment law. The information you
obtain at this site is not, nor is it intended to be, legal advice upon which
you should rely or act. If you would like to discuss your potential claim call
us at 888-603-0983 or
inquiry@employmentlawgroup.com
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