Do I Have a Whistleblower Case if Fraud Publicly
Under the Federal False
Claims Act (the FCA) a whistleblower or "relator" may
still be able to recover even if the fraud has been publicly
disclosed. The FCA defines a limited number of sources which
qualify as "public disclosures" which would bar an FCA suit.
However, even if the fraud has already been publicly disclosed, the
relator may still recover if s/he qualifies as an "original source"
under the FCA.
The Affordable Care Act: Expanded Opportunities for
The passage of The Patient Protection and Affordable Care Act
(the Affordable Care Act) in 2010 introduced further amendments to
the FCA, including amendments to the public disclosure bar.
The Affordable Care Act provides that a case shall be dismissed if
there has been public disclosure unless "opposed by the
Government." Under this version, the government has a 'veto'
over the defendant's motion to dismiss on public disclosure
grounds. Additionally, public disclosures are narrowed solely
to federal investigations, hearings, reports, and audits.
Consequently, information from state proceedings and private
litigation will not qualify as public disclosures unless it was
reported in the news media or in a federal proceeding.
The Original Source Exception to the Public Disclosure Bar
Even if there has been a public disclosure of the fraudulent
conduct, a whistleblower
may still recover if s/he is an original source. Previously
this required having "direct and independent" knowledge of the
fraud, but now, the Affordable Care Act has eliminated this
requirement. Now, in order to qualify as an original source,
the whistleblower must : 1) have (prior to the public disclosure)
voluntarily disclosed to the Government the information on which
allegations or transactions in a claim are based, or (2) have
knowledge that is independent of and materially adds to the
publicly disclosed allegations or transactions (and has voluntarily
provided the information before filing).
Contact Us To Learn More
If you have discovered evidence of government fraud,
contact an experienced False Claims Act attorney before blowing the
whistle. You may be entitled to a substantial reward and the legal
protections afforded to whistleblowers under state and federal
laws. The attorneys of Berger & Montague are nationally
recognized experts in Whistleblower/Qui Tam actions with over a
decade of experience pursuing these complex fraud cases. For more
information or to schedule your confidential consultation, use the
contact form on this page, or call us at
For further reading:
What Makes A
Good Whistleblower/Qui Tam Case
Life of a Qui Tam Lawsuit and Why You Want the Government to
Why is a qui tam lawyer/attorney important in Federal False Claims
Prepare for Whistleblower Awards and Monetary Payouts
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