The ESHELMAN LEGAL GROUP
We’ll make things right when you’ve been injured as a result of another's negligence. We have been protecting the rights of injured people for over 40 years.
Our practice is limited to the representation of people, not insurance companies. Our years of experience make us a serious force, widely respected by insurance companies. The result is the ability to obtain top dollar settlements for our clients. We can help if you or someone you love is hurt due to:
- Qui Tam Cases
- Car, Motorcycle or Truck Accidents
- Work Place Injury
- Slip & Fall Injury
- Dog Bites
- Medical Malpractice
- Nursing Home Abuse
Getting the Proper Help
Before you talk to any insurance adjuster, CALL "The Eshelman Legal Group"...Without legal representation, you could settle your claim too cheaply or make statements to the adjuster that could defeat your case.
Call Toll Free: 1.800.365.0001
Helping Injured People for Over 40 Years
"We'll Make Things Right"
Qui Tam Case
What is a qui tam case?
Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "[he] who sues in this matter for the king as well as for himself."
Qui tam lawsuits are a type of civil lawsuit whistle-blowers bring under the False Claims Act. This specific law both protects and rewards whistle-blowers if their qui tam case recovers funds for the government. Qui tam cases are a powerful way for whistle-blowers to help the government stop many kinds of fraud. Medicare and Medicaid fraud, defense contractor fraud and numerous other types of frauds that impact the government financially and recover billions that have been stolen from the U.S. Treasury and taxpayers. (Tax frauds and securities law violations are handled differently.)
Rewards
The False Claims Act rewards whistle-blowers whose qui tam lawsuits recover government funds and provides job protection to whistle-blowers because of the professional and personal risks they take to expose and stop fraud against the government. Fraud that can endanger the lives of patients, U.S. soldiers, and others.
Getting the Proper Help
Once a person has evidence of fraud against the government and decides to blow the whistle, that person needs to find a reputable law firm to represent him or her. Thorough research should be done and careful consideration should be given to the hiring decision as the work by that lawyer will be key to the success of the qui tam case and will be a major factor in determining whether the whistle-blower will receive a reward and the amount of the reward.
Under the False Claims Act, a private citizen may sue an individual or a business that is defrauding the government and recover funds on the government's behalf. The qui tam lawsuit is filed "under seal," meaning that it is kept secret from everyone but the government to give the Justice Department time to investigate the allegations. Even the person or entity being accused of fraud is not told about the qui tam case. The qui tam lawsuit and supporting documents should provide the government with detailed information about the fraud.
The False Claims Act states that a qui tam case will be sealed for 60 days, but courts generally extend the seal multiple times to give the government enough time to investigate the allegations to decide whether to join the case. Some of these cases can take years to reach a verdict.
Often times the government will ask the court to partially lift the seal on the qui tam lawsuit to discuss the allegations and a possible settlement with the individual or entity accused of fraud. Most successful qui tam cases are resolved through settlement negotiations rather than a court trial, although court trials may occur.
Justice is Served
Defendants found liable under the False Claims Act may have to pay as much as three times the government's losses plus penalties for each false claim.
The amount of the whistle-blower reward depends on many factors, including the quality of the case as presented to the Justice Department and the work of the whistle blower's attorney to help the qui tam case succeed. If the government intervenes in the case and recovers funds through a settlement or a trial, the whistle-blower, or "realtor," is entitled to 15 percent to 25 percent of the recovery. If the government doesn't intervene in the case and it is pursued by the whistle-blower team, the whistle-blower reward is between 25 and 30 percent of the recovery.
Basic Info - Qui Tam Cases
- Any person can bring a qui tam claim
- What is a false claim? A false claim is a fraud on the government. It can be in many forms. Most common is when a person knowingly makes a claim to the government for payment that includes information that is false.
- Is there a time limit? yes, there is a six year time limit. Do not hesitate
- Where can a claim be brought? An FCA case may be brought in any federal district where one of the defendants resides or transacts business
- Why are FCA cases brought? FCA cases may be brought in a variety of different contexts, including health care, Medicare, Medicaid, pharmaceutical fraud off label marketing, defense contracts, mortgage fraud, financial fraud and government contracting and procurement fraud.