During
the Civil War, corrupt military contractors were
defrauding the United States Army out of hundreds of
thousands of dollars and putting troops at risk by
supplying troops with defective products and faulty war
equipment. Illegal price gouging was a common practice
and the armed forces of the United States suffered.
In response, Abraham Lincoln enacted the Federal Civil
False Claims Act. A key provision of the act was known
as qui tam.
The abbreviation is from Latin and
refers to "a person who files a suit for the king as for
himself". Qui tam laws have existed for centuries
as deceptive government contractors have been around as
long as government contracting has. Qui tam actions
allow a private citizen to file a lawsuit on behalf of
the U.S. government in an effort to recover losses
caused by fraud against the government. The law is an
incentive for civilians who know of individuals or
companies making false claims for profit to come forward
with information. In reward, the "whistleblower" (also
known as the relator) shares in any federal revenue
recovered.
If you are aware of a defense
contractor, highway contractor, large health care
company, or other large contractor or subcontractor that
is defrauding the United States Government out of
millions or billions of dollars, contact
Texas Qui Tam Lawyer
Jason Coomer.
History of
Qui Tam Claims
In 1986 as a result of increased
government contractor fraud, Congress amended the False
Claims Act in order to make it easier for whistleblowers
to file claims against fraudulent corporations and
individuals.
The 1986
Amendment defines a "claim" as:
"...any
request or demand which is made to a contractor,
grantee, or other recipient if the United States
Government provides any portion of the money or property
which is requested or demanded, or if the government
will reimburse such contractor, grantee, or other
recipient for any portion of the money or property which
is requested or demanded."
The whistleblower's share of recovery
is a maximum of 30 percent and the government's prior
knowledge of fraud now does not necessarily bar a
whistleblower from collecting lost revenue. If the
government took over the lawsuit, the relator can
"continue as a party to the action." The defendant is
also required to pay for the relator's attorney fees.
The whistleblower is also protected from retaliatory
actions by his or her employer. As a result or the
amendment, qui tam lawsuits increased dramatically.
Though the amendment was first made fore corrupt defense
contractors, the amendment has uncovered billions of
dollars in health care fraud.
Anyone who defrauds the government
out of revenue can be held accountable under the False
Claims Act. Common defendants include defense
contractors, health care providers, other government
contractors & subcontractors, state and local government
agencies, and private universities. Whistleblowers
often include current and former employees of the
defrauding company, competitors of government
contractors and public interest groups.
The False Claims Act was enacted to
encourage private citizens to assist the government in
the fight against fraud. Often the whistleblower faces
an uphill battle as large, powerful corporations or
individuals are usually named as defendants. An
experienced attorney in qui tam claims may help you gain
a percentage of stolen government funds.
There are several types of Qui Tam claims
covered under the False Claims Act:
Potential heroes that blow the whistle on
government fraud and corruption include employees, former
employees, high-level executives, sub contractors, general
contractors, and people working with major defense
contractors, telecommunications companies, and large health
care organizations.