Whistleblower/False Claim Act/Qui Tam

Our health law firm counsels and represents medical practices, other healthcare businesses and physicians who have been or may be affected by “whistleblower” claims, including the following types of legal matters:

• The False Claim Act (federal)
• The Fraud Enforcement and Recovery Act of 2009 (federal)
• Georgia Tax Payer Protection False Claim Act

We have offices are located in Augusta and Atlanta, Georgia, and represent medical practices and physicians throughout the United States. Our firm holds Martindale Hubbell's AV rating, its highest rating. To schedule a confidential consultation, email us at info@hamillittle.com.

Whistleblowing

The premise of many so-called “whistleblower” statutes is that if a person properly reported unlawful conduct and suffered reprisal, the statute is violated. Remedies depend upon what statute is violated. In some cases, such as qui tam matters, the “whistleblower” reveals alleged fraud by bringing a lawsuit that the government may decide to take.

The details of each whistleblower statute must be examined to understand the precise circumstances and conduct that triggers the protection intended by the statute. Some examples of statutes which contain “whistleblower” provisions and remedies are:

• Occupational Safety and Health Act (federal)
• Sarbanes Oxley Act (federal)
• Section 519 of The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century a/k/a “AIR21” (federal)
• Surface Transportation Assistance Act (federal)
• Asbestos Hazard Emergency Response Act (federal)
• Federal Rail Safety Act (federal)
• National Transit Systems Security Act (federal)
• Consumer Product Safety Improvement Act (federal)
• Clean Air Act (federal)
• Employee Retirement Income Security Act (federal)
• Toxic Substances Control Act (federal)
• The Fair Labor Protection Act (federal)
• Americans with Disabilities Act (federal)
• The Civil Rights Act of 1964 (federal)
• Clayton Act (federal)
• Equal Pay Act (federal)
• The Age Discrimination in Employment Act (federal)
• The False Claim Act (federal)
• The Fraud Enforcement and Recovery Act of 2009 (federal)
• Georgia Tax Payer Protection False Claim Act

False Claims Act and Qui Tam Law Firm

False Claims Act claims, also known as “Qui Tam” claims, are powerful government tools for fighting abuse of government funds, such as Medicare fraud, Medicaid fraud, and defense contractor fraud. Other common whistleblower claims are on behalf of individuals with information about federal tax fraud or underpayments or federal securities law violations.

In this type of whistleblower case, a “relator” files a qui tam lawsuit under seal in the appropriate court. After the suit is filed, a government agency (typically the Department of Justice in federal matters) will review and analyze the legal claims asserted in the relator’s lawsuit and conduct any necessary investigation of the underlying facts. The government then decides whether to prosecute the case. In a successful case prosecuted by the federal government, the relator is entitled to receive a percentage of the recovery obtained, which generally may range from 15 – 25%, depending upon various factors. Because the federal government’s success rate in the cases it pursues is very high (as much as 95%) the relator’s personal interests are typically best served by the government’s acceptance of the case. If the government declines the case, however, the relator may prosecute the case on his own and will recover a higher percentage (25-30%) in the event the case succeeds.

Our firm handles physician-employment-related litigation and is rated “AV” by Martindale Hubbell. We have represented many hundreds of physicians. To schedule a confidential consultation, email us at info@hamillittle.com.