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Whistleblower Lawsuits (Qui Tam)
If you are a current or
former employee of a business which has received money
directly or indirectly from the United States
government, you are eligible to bring a federal
whistleblower lawsuit and receive a percentage of the
recovery of any monies falsely obtained by the
business/employer from the United States government. |
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Originally, the Federal
False Claim Act (31 USC §§ 3729-3733) was enacted in order to
allow individuals to help the government stop rampant fraud
being committed by companies providing inoperable rifles,
spoiled food, and selling horses over and over to the United
States government during the Civil War.
The government, under the Federal False Claims Act, provides
significant financial incentives for individuals to come
forward and report the information revealing fraud on the
United States government.
Essentially, the Federal False Claims Act allows citizens who
are able and who have knowledge of fraud against the
government to play an active role through their attorney to
bring justice to those businesses who overcharge or cheat the
government, by filing what is called a “Qui Tam” lawsuit.
The statute of limitations on bringing such a false claim
lawsuit (Qui Tam) is either six (6) years from the date on
which the violation is committed or three (3) years after the
date when the facts material to the right of bringing the
lawsuit are known or reasonably should have been known by the
official of the United States charged with the responsibility
to act in the circumstances but, in no event, more than ten
(10) years after the date on which the violation is committed,
whichever occurs last.
There are a number of different
types of cases which can be brought against such “Qui Tam”
businesses who cheat the government, although the cases seem
to fall into certain specific categories such as: a) Medicare
fraud; b) defense contractor fraud; c) environmental law
compliance; d) bid rigging with actual false claim; e)
agricultural supplements; and f) overcharging and/or product
substitution and/or falsifying services performed. In
Florida, false claims or Qui Tam claims have been used to
attempt to curb or stop fraudulent healthcare billing. False
billing would include: billing for services or products not
actually given or provided; inappropriate health coding
misrepresentation; billing for medically unnecessary services
or products; submitting duplication of medical bills;
falsifying records to obtain payment including changing
signatures, dates, or adding information to the medical
records.
Examples of false reporting (which
occurs by institutions such as home health agencies, hospitals
and nursing homes) are inflating costs for providing services
or medical equipment; sending in patient/staffing data or
statistics to increase a share of government payouts from
Medicare or Medicaid; seeking reimbursements for patient care,
when patients do not exist, under false names; and
additionally, kick-backs (i.e., getting cash payments in
return for referrals of patients or bartering arrangements in
exchange for such referrals) for which compensation is
received ultimately from the United States government under
the Medicaid or Medicare program.
A current (or former) employee who “blows the whistle” on an
employer is usually the most frequent individual who seeks to
bring a Qui Tam or False Claim lawsuit. This is so because
such individual has inside information not otherwise available
to the public, and often, such employee, if no longer working
with the business, may have been fired or retaliated against
for bringing to light to the business the fraud and trying to
correct it prior to his or her termination.
Frauds perpetrated on the United States government thus can be
made public in the proper manner by individuals with the
courage and knowledge of the particular scheme utilized to
cheat the government and the Federal False Claim Act provides
significant financial incentives for such individuals to step
forward with the advice of their counsel.
We at Beltz & Ruth understand the steps necessary to properly
bring a responsible Qui Tam or False Claim lawsuit and we can
help guide you through the government regulations and look
forward to assisting you with your questions concerning
bringing a Qui Tam or False Claim action. Of course, all
communications are privileged under the attorney-client
protections of law. If you have knowledge of fraud on the
government of any kind and feel that this issue needs to be
resolved, please call Beltz & Ruth at 1-888-749-3221 or
*CLICK
HERE TO SUBMIT A SIMPLE CASE FORM.*
. Don’t delay! You may have a
valid claim and be entitled to compensation, but a lawsuit
must be filed before the statute of limitations
expires. |
