False Claims Act Whistleblower Litigation
The firm has significant experience representing whistleblowers in qui tam false claims litigation brought under the Federal False Claims Act. At least 23 states have false claims statutes that are similar to the federal law.
The qui tam law is contained in the Federal False Claims Act, 31 U.S.C. Section 3729 et seq., and provides for civil damages including triple the amount of actual damages, civil penalties of $5,000 to $10,000 per violation and costs and attorneys' fees for various frauds against a variety of federally-funded programs, including defense procurement, healthcare, and federally-funded university grants to name a few. The firm has represented whistleblowers in significant cases, including defense contractor fraud, Medicare fraud, and university grant procurement fraud.
The Federal False Claims Act also contains anti-retaliation protections for those who are discharged, demoted, threatened, harassed, or discriminated against for reporting a fraud or initiating a lawsuit under the Federal False Claims Act.
A private citizen who files a false claims suit may, under certain circumstances, be entitled to, among other things, 15 to 30 percent of any recovery.
In July 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act, which provides that a whistleblower who provides information to the United States Securities and Exchange Commission relating to the violation of the U.S. securities laws may receive between 10 to 30 percent of what is collected of the monetary sanctions imposed in the action or related actions.
Effective December 2006, 26 U.S.C. § 7623 provides that an IRS whistleblower may be entitled to between 15 to 30 percent of the collected proceeds (including penalties, interest, addition to taxes payable, and additional amounts) resulting from an action or any related actions or from any settlement in response to an action.
