What are the different types of whistleblower False Claims Act cases?

The US government buys everything from computers and office supplies to healthcare and guided missiles. Any contractor selling a product or service to the government who engages in fraud in a government contact may face liability under the False Claims Act. That means whistleblower cases can come from many different industries and whistleblowers can report many different types of fraud, like: healthcare fraud, Medicare fraud, defense contractor fraud, research grant fraud, pharmaceutical fraud, construction and procurement fraud, . Even underpaying the government is a fraud.

What is the False Claims Act?

The False Claims Act ("FCA") is a federal law that imposes liability on companies or individuals who defraud the government by improperly receiving payments from the Federal government, avoiding payment to the Federal government, or failing to return overpayments. The FCA allows someone with knowledge of fraud on the government, commonly called a whistleblower who is actually known in the case as the relator, to file a qui tam lawsuit on behalf of the government to recoup the amounts improperly paid to the defendants. By law, the relator is entitled to a percentage of whatever the government recovers if the case is successful.

What if the whistleblower learned of the fraud from publicly available information?

If the only information the whistleblower has is publicly available the public disclosure bar may prevent the whistleblower from going forward with a lawsuit. That includes things publicly disclosed in any media, the internet, court records, administrative hearings, Congressional hearings or U.S. General Accounting Office reports. Even Freedom of Information Act requests can be a public disclosure! There is an exception if the whistleblower has independent information that adds to what the government knows so it's important that any person who might think they have a case to discuss these issues with an experienced whistleblower lawyer.

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