Qui Tam/Whistleblowing
In fiscal year 2023, 18,000 whistleblowers reported fraud, waste, abuse, or mismanagement of funds. Whistleblowing is the reporting of unlawful activity to a person or party that has the power to remedy the situation. To encourage this legal disclosure of information, private citizens are given the authority to work on behalf of the federal government.
Anyone who reports an injustice should not face repercussions for doing the right thing. If you have experienced retaliation for reporting a violation against the government, you need to speak with a Greenville Qui Tam lawyer at your earliest convenience.
The False Claims Act
31 U.S.C. §3729-33, known as The False Claims Act (FCA) of 1863, imposes liability on anyone who knowingly attempts to defraud the federal government. The FCA stipulates that any person who knowingly misrepresents a fact or submits a false claim will be liable for three times the damages incurred by the federal government in addition to a penalty.
For a person to be convicted, the individual has to intentionally submit a false claim to cheat the government out of property or funds.
Common Examples of Qui Tam Lawsuits
In 1986, Congress amended the FCA to allow private citizens to file lawsuits on the federal government’s behalf. This provision is known as Qui tam, meaning “in the name of the king.”
Common examples of qui tam suits include:
Defense Contractor Fraud
A defense contractor is a business organization or individual that provides services or supplies to the military or sub-agency of the Department of Defense.
The False Claims Act was originally intended to crack down on fraud committed by defense contractors working for the Union Army during the Civil War. Since the federal government did not have enough money to pay inspectors to manage the fraud, the government created The False Claims Act.
Under the Act, the federal government agreed to pay whistleblowers 50% of any fine it collected as an incentive for individuals to turn in private contractors within their own company.
Defense fraud can take many forms, such as:
- Lax quality control standards for military communication systems
- Submitting inflated bills (mischarging for goods and/or services)
- Violating the Truth in Negotiations Act
- Making false statements to obtain government contracts
- Feigning compliance with laws or regulations, such as U.S. trade agreements
Healthcare Fraud
Healthcare fraud involves deceptive billing practices to get a federally funded program to bear the cost. It is commonly seen in Medicare and can include both provider and recipient fraud.
Common Medicaid fraud schemes include:
- Provider billing for unnecessary medical services.
- Provider billing for services not rendered.
- Provider billing for more complex services than was provided.
- Recipients sharing their Medicaid card with someone else so they can receive medical treatment.
- Altering or duplicating a Medicaid card and using it for your own personal use or selling it to someone else to use.
Experience Retaliation for Whistleblowing? Speak with Our Greenville SC Qui Tam Lawyers Today
Even though whistleblowers are given the right to take legal action on behalf of the government, individuals still face getting fired, demoted, or reprimanded. If you have experienced retaliation for whistleblowing, our legal team wants to hear from you. To schedule your initial consultation, contact us online or by phone.