Federal Civil False Claims Act also known as “Whistle blowing” is a federal law that allows private citizens; non-government affiliated individual to file actions on behalf of the government on those who committed fraud against the government.
Qui Tam
Qui Tam is a provision of the Federal Civil False Claims Act that allows private citizens to share 15% to 30 % in any money recovered from the case.
Requirements to file
The whistle blower must have previous undisclosed knowledge of the entity committing fraud against the federal government in order to sue. The government may or may not join the law suit. If the government chooses not to participate in the matter, the whistle blower may still file the suit by retaining their own attorney.
Whistle blowers must file the action in federal district court within 6 years of the False Claim Act violation. A copy of the complaint must be provided to the United States Attorney General and the district Attorney. Complaints are filed under seal which are not publicly available.
Whistle blower’s Protection
Whistle blowers are protected from retaliation by employers. Any action an employer takes that would dissuade someone from reporting FCA violations is prohibited. Employees are protected when they investigate, initiate, testify and/or assist in an FCA action.