How To File A Qui Tam Case

The False Claims Act is a United States federal law that allows persons to file suit against federal contractors committing fraud against the government. Qui Tam is a writ under this Act that allows these persons to receive a share (usually 15-25 percent) of the recovered damages. Informally known as "whistleblowing," this statute offers an individual the legal means to combat past or present fraudulent activity of which he or she has some inside knowledge. Because the case involves fraud, and presumably a lot of money, whistleblowers should be sure to understand the process and seek legal counsel before proceeding with the lawsuit.

Qui Tam plaintiffs should take careful note of the illegal activities they observe. However, they should not disclose any information to other parties. If the information they wish to bring to the government becomes public, they will not be able to recover any money from the case. The key to filing a Qui Tam lawsuit is the original source rule: the first person to report the fraud is the original source of the information and therefore protected. In order to avoid messy and complex litigation, the best thing to do is to contact an employment lawyer and report the fraud through him or her. Individuals should not approach their employer in the hopes of resolving the situation. More often than not, this leads to adverse employment action and may give the company enough warning time to destroy or cover up the evidence of their fraud.

Because the Qui Tam writ is a complicated area of law, it is critical that the potential plaintiff hires a labor attorney who has extensive experience with whistleblower cases and who fully understands the subtleties of the statute. Lawyers who don't regularly practice this type of law could inadvertently cause the case to be dismissed by committing filing errors. In order to ascertain the experience of the attorney, the whistleblower should ask if and when the lawyer has filed these cases in the past, what kinds of cases they were, and what his or her success rate has been. Having a knowledgeable legal representative can make a tremendous difference in the outcome of your case.

Individuals wishing to bring forth information about fraudulent acts against the government should become informed about the process and seek the professional assistance of a skilled labor attorney. Failure to do either of these will likely result in a case that is dismissed by the government and/or the termination of the individual's employment, while taking the right steps could earn the plaintiff substantial compensation.

About the Author:
Rosenberg Law (http://www.rosenberglaw.com/) is a Houston employment attorney, Texas practice devoted exclusively to employment law, primarily representing individuals in claims against their employers.

Article Originally Published On: http://www.articlesnatch.com

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