Whistleblower Claims and Qui Tam (False Claims Act)

Laws that protect, and in some cases reward, people who report fraud against the government or other violations, including private qui tam suits under the False Claims Act.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

The False Claims Act makes anyone who knowingly submits a false claim for payment to the federal government, or knowingly causes one to be submitted, liable for three times the government's damages plus a civil penalty for each claim. Common examples are billing Medicare or Medicaid for services not provided, overcharging on a government contract, and misrepresenting compliance to obtain a grant. The Act's distinctive feature is the qui tam action: a private person, called the relator, may file suit on the government's behalf.

A qui tam complaint is filed under seal and served on the government, not the defendant, so the government can investigate before anyone else learns of it. The government then decides whether to take over the case. If the case succeeds, the relator receives a share of what is recovered: generally between 15 and 25 percent when the government intervenes, and between 25 and 30 percent when the relator goes forward alone. Two rules can defeat a claim. Only the first relator to file on a given fraud may proceed. And a claim based on information already publicly disclosed is barred unless the relator is an original source of it.

The Act also protects employees, contractors and agents who are fired, demoted, threatened or harassed for trying to stop a violation, with remedies that include reinstatement, double back pay and attorney's fees. Other whistleblower laws work differently. The SEC and the CFTC pay awards for original information about securities or commodities violations that leads to large enough sanctions. Sarbanes-Oxley protects employees of public companies who report fraud, through a complaint filed with OSHA. Many states have their own false claims acts covering fraud on state programs.

Where this comes from

When people hire a lawyer for this

Talk to a lawyer before you report outside your company or take any documents. A qui tam case has to be filed under seal in a particular form, the first-to-file rule rewards speed, and taking records the wrong way can create problems of its own. Most qui tam lawyers work on a contingency fee drawn from the relator's share.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Whistleblower-Qui Tam law firms in the city where we list the most; your city may be under “other cities”, A to Z.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Chandler)
  +6 other cities

  • Gilbert
  • Glendale
  • Mesa
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock)
• California (Long Beach)
  +19 other cities

  • Anaheim
  • Chula Vista
  • Fontana
  • Irvine
  • Los Angeles
  • Modesto
  • Oakland
  • Riverside
  • Sacramento
  • San Bernardino
  • San Diego
  • Santa Ana
  • and 7 more with fewer listed firms
• Colorado (Aurora)
  +2 other cities

  • Colorado Springs
  • Denver
• Connecticut (Bridgeport)
• Delaware (Wilmington)
• District of Columbia (Washington)
• Florida (Orlando)
  +5 other cities

  • Hialeah
  • Jacksonville
  • Miami
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Illinois (Chicago)
• Indiana (Fort Wayne)
  +1 other city

  • Indianapolis
• Iowa (Des Moines)
• Kansas (Kansas City)
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +1 other city

  • New Orleans
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (Kansas City)
  +1 other city

  • St. Louis
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Henderson)
  +2 other cities

  • Las Vegas
  • North Las Vegas
• New Hampshire (Manchester)
• New Jersey (Jersey City)
  +1 other city

  • Newark
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Durham
  • Fayetteville
  • Greensboro
  • Raleigh
  • Winston-Salem
• Ohio (Cincinnati)
  +3 other cities

  • Cleveland
  • Columbus
  • Toledo
• Oklahoma (Oklahoma City)
  +1 other city

  • Tulsa
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• Tennessee (Nashville)
• Texas (Austin)
  +12 other cities

  • Arlington
  • Corpus Christi
  • Dallas
  • El Paso
  • Fort Worth
  • Garland
  • Houston
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Virginia (Chesapeake)
  +3 other cities

  • Norfolk
  • Richmond
  • Virginia Beach
• Washington (Seattle)
  +1 other city

  • Tacoma
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee

Related terms

Other entries in the same area of law, each written from the same primary sources.

• At-Will Employment and Wrongful TerminationThe default rule that an employer may end employment for any reason or none, and the exceptions that make some firings unlawful.
• Overtime and Minimum Wage (FLSA)The federal floor for pay: a minimum hourly wage, and time and a half for hours over forty in a workweek, unless the job is exempt.
• Sexual Harassment at WorkUnwelcome sexual conduct at work that is a condition of the job or creates a hostile environment, a form of sex discrimination under Title VII.

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