Do I Have Qui Tam Case?

Under the False Claims Act, persons who know about fraud against the federal government can receive a reward for reporting that fraud and helping the Government recover money from the wrongdoer. We receive many calls from potential whistleblowers who wish to report serious fraud against Government. Unfortunately, we cannot take every case where fraud exists. Here is a list of sample questions to help you determine whether you might have a potential False Claims Act qui tam case.

1. Does your employer do business with the federal or state government? This would include Government vendors or contractors as well as healthcare companies that receive payment from Medicare or Medicaid.
2. Has your employer ever cheated the Government in any way? This might include overbilling, double billing, submitting false invoices, or lying about compliance with the terms and conditions of a government contract.
3. Has your employer paid kickbacks to get a government contract or to get business in the healthcare arena? Kickbacks are illegal and can take a variety of forms. A kickback might take the form of cash in an envelope, it might be a job offer to somebody’s family member, or it might be a favorable lease arrangement, or delivery of other goods and services at less than fair market value.
4. If you work in the healthcare industry, have you seen any of the following: upcoding, unnecessary medical procedures, forging doctor signatures or records, lack of supervision over important medical procedures, or billing for services not performed?
5. If you work in the pharmaceutical industry, have you seen any of the following: promoting a drug for a use that is not approved by the FDA, payment of kickbacks or incentives to persuade doctors to prescribe a certain drug, or payment of kickback or incentives to persuade doctors to perform favorable medical research for a drug?
6. If you have witnessed a fraud, how does it work? Be ready to explain who is involved, the motivations behind it, and the exact steps being taken to carry it out.
7. What evidence do you have of the fraud? This might include documents, emails and other written proof. Beware: do not take or copy documents from your employer without first consulting a knowledgeable qui tam lawyer. Many qui tam cases have been lost because the whistleblower did not have proper legal advice at the beginning of the case.