Federal Qui Tam Claims
What happens when an employee uncovers a pattern of fraudulent practices that results in the state or federal government being defrauded? Under the False Claims Act, the employee who uncovers the fraud can bring a qui tam claim and share in any recovery by the government.
Many of these claims brought in federal court are against hospitals that submit false claims under the Medicare program. These false claims might inflate charges for routine procedures or involve other fraudulent billing practices. The false claims can result in millions of dollars in Medicare overpayments.
If you uncover this type of Medicare fraud during the course of your employment, then considering hiring a law firm to file a qui tam action on behalf of the United States, pursuant to a provision of the False Claims Act (FCA), 31 U.S.C. § 3730(b).
These qui tam complaints are filed in the United States District Courts throughout the United States including in the federal courts in Pennsylvania, New Jersey or New York.
Attorney for Federal Qui Tam Claims in Philadelphia, PA
Under the False Claims Act (FCA), the person who brings the qui tam action is entitled to receive at least fifteen percent (15%), but not more than twenty-five percent (25%), of the proceeds of the action or settlement of the claim.
The percentage of the recovery awarded can depend on the extent to which the person substantially contributed to the prosecution of the action.
Let the attorneys at Console Mattiacci Law, LLC help you decide the best way to prosecute a qui tam action in federal court. With offices in Philadelphia, PA, and Moorestown, NJ, our employment law attorneys can help you decide the best course of action for prosecuting a qui tam complaint.
Call 215-545-7676 today for a free and confidential consultation.
Filing the Qui Tam Complaint in Federal Court
The private person bringing a qui tam action in the name of the United States, is known as “the qui tam plaintiff” or “the relator.”
The False Claims Act (FCA) at 31 U.S.C. § 3730(b) requires the qui tam plaintiff to file the complaint in camera and under seal. The plaintiff must serve the federal government with a copy of the qui tam complaint.
Along with the complaint, the qui tam plaintiff must also provide the government with substantially all of the material evidence and information that supports the allegations of fraudulent claims as required by 31 U.S.C.A. § 3730(b)(2).
The federal government then has sixty days to decide whether to intervene and proceed with the action, in which case the action shall be prosecuted by the federal government. 31 U.S.C.A. § 3730(b)(4)(A).
If the federal government decides not to intervene in the action, the person who filed the Plaintiff has the right to proceed with the action in the name of the United States. 31 U.S.C.A. § 3730(b)(4)(B). Where the government intervenes and takes control of the action, the relator remains a party to the action and is entitled to a portion of any recovery by the United States. 31 U.S.C.A. § 3730(d)(1).
If the federal government chooses to do so, it takes control of the lawsuit, but the person who brought the action remains a party and is entitled to receive a portion of the amount recovered. 31 U.S.C. § 3730(d)(1).
Purpose of the False Claim Act (FCA)
The FCA allows the federal government to recover damages and penalties against persons who knowingly submit false or fraudulent claims to the government for payment or approval. 31 U.S.C.A. § 3729. In addition, the statute authorizes a private citizen to commence and prosecute a civil action in the name of the United States, known as a qui tam action. 31 U.S.C.A. § 3730(b)(1).
The purpose of the qui tam provisions of the False Claim Act (FCA) is to "encourage private individuals who are aware of fraud being perpetrated against the Government to bring such information forward." H.R. Rep. No. 660, 99th Cong., 2d Sess. 22 (1986).
Finding a Lawyer for Qui Tam Actions in Federal Court
When a hospital or health-care facility engages in Medicare or Medicaid fraud, qui tam claims serve an important purpose. Employees often help the public by facilitating the repayment of money by an employee to the federal government due to fraudulent billing. The efforts of the employee can help put a stop to the fraudulent billing practices.
We can help you file a lawsuit to get a recovery from the qui tam action. In these cases, the federal government's recovery in the qui tam action is often due to the skill of an employee at identifying and prosecuting the claims.
When the state government is defrauded, the qui tam complaint can be filed under the New Jersey False Claims Act (FCA), N.J.S.A. 2A:32C–1 to –18 in state court.
Contact us to find out what you might recover in a qui tam actions brought under the FCA. Call 215-545-7676 today.
This article was last updated on Monday, May 21, 2018.
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