Life of a Qui Tam Lawsuit
Timing is first and foremost. The Federal False Claims Act is a
"first to file" law which means that the lawsuit can be dismissed
if the relator (the whistleblower who brings the lawsuit) is not
the first to make the allegations. Unlike most qui tam lawsuits, a False Claims Act complaint is served
on the government and filed under seal, and not initially served on
the Defendant. The reason that the case is filed under seal
is to give the government the opportunity to investigate. The
FCA provides for an initial 60-day sealing period, but the
government usually requests an extension of the seal. Once
the government's investigation is complete, it decides whether to
intervene and litigate the qui tam case or decline to intervene.
If the government declines to intervene, the relator may
still pursue the whistleblower qui tam case
on behalf of the government.
Why you want the government to intervene on a qui tam
Due to the government's extensive resources, there is a
significantly greater chance of success when the government
intervenes. If successful, whistleblowers typically receive
between 15% and 30% of the total recovery. This amount varies
depending on whether the government intervenes. Although the
reward percentage is lower when the government intervenes, the
total recovery is usually greater than what would be obtained
without government intervention. To learn more about taking action and receive
a free qui tam claims review from our lawyers, read here.
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
form on this page to contact us, or call us at
For further reading:
What is the Federal
False Claims Act?
Tam Litigation Statistics and Trends
Seeking Qui Tam
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