Qui
tam Government Contractor Whistleblower Reward
Claims are legal actions that are brought by
whistleblowers seeking rewards against corrupt
government contractors that price gouge, provide
defective products, seek payment of services that
were not provided, or provide false information to
the government for the purpose of claiming payments
or benefits. Common qui tam claims or fraudulent
government contractor actions include defense
contractors and health care companies that charge
for services and products that were not provided or
falsely certify the quality of a product. For
more information on seeking a whistleblower reward
for exposing a fraudulent government contractor or
subcontractor, please read below or
feel free to send an e-mail message to Whistleblower
Recovery Lawyer Jason S. Coomer.
Fraudulent Government Contractor
Whistleblower Recovery Claims, Qui Tam Whistleblower
Reward Actions, and Qui Tam Whistleblower Compensation
Lawsuits
Qui
Tam Government Contractor Fraud Lawsuits and
Fraudulent Government Contractor Whistleblower
Reward Claims are legal actions under the Federal
False Claims Act. Claims under the Federal
False Claims Act have resulted in over $30 Billion
being collected by the Federal Government and
Billions of Dollars being collected by heroic
whistleblowers that properly exposed the fraud and
were rewarded for their heroism in exposing fraud.
These whistleblowers that expose fraud and seek
rewards under the Federal False Claims Act are
called "relators".
The Federal False Claims Act was
used infrequently until 1986, but since then it has
become the most efficient and effective tool that
the government has for identifying fraud.
In 2009, the Federal False Claims Act was amended by
the Federal Enforcement and Recovery Act (FERA)
which expanded the reach of the Federal False Claims
Act to include subcontractors working under a
government contractor and other parties working with
government contractors. The Federal False
Claims Act also expanded protections for employee
whistleblowers. These expansions were designed to
encourage whistleblowers seeking rewards to expose
fraud and are expected to produce hundreds of
billions of dollars in fraud detection, recoveries,
and prevention. Whistleblower rewards under
this law are expected to dramatically increase as
whistleblower rewards can be anywhere from 10% to
30% of recoveries made from fraudulent contractors.
Please see below for more information on the size of
and how to qualify for whistleblower rewards or
feel free to send an e-mail message to Whistleblower
Recovery Lawyer Jason S. Coomer.
Federal Government Spending,
Federal Government Contracting, and Federal
Government Contractor Information
Federal Government spending has
increased dramatically over the last 10 years
including large increases in health care spending
and defense contractor spending as well as large
bailouts of the financial sector. With this
increased Federal Government spending has come a
large increase in the number of government
contractors and fraudulent government contractors
that submit fraudulent documents and false
certifications of products and services.
To help keep track of increased
government spending and government contractors, the
Office of Management and Budget has created OMB
Watch which "exists to increase government
transparency and accountability; to ensure sound,
equitable regulatory and budgetary processes and
policies; and to protect and promote active citizen
participation in our democracy." OMB Watch
envisions "a more just and democratic society, one
in which an open, responsive government protects
people's health, safety, and well-being, safeguards
the environment, honors the public's right to
information, values an engaged and effective
citizenry, and adequately invests in the common
good." For more information on OMB Watch and
Federal government spending, please go to the
following web site:
Fedspending.org
Government Contracting,
Acquisitions, and Regulations
Federal Government Contracting
can be extremely complicated, but lucrative. Civil
False Claims Act creates financial incentives for
private citizens that have knowledge of government
contractor fraud to blow the whistle on these
fraudulent contractors. Whistleblowers under the act
not only receive protection from the government for
their A key provision of the act was known as qui
tam.
WIFCON.com serves "the federal
acquisition community by providing quick access to
acquisition information such as contracting laws and
pending legislation, current and proposed
regulations, guidance, courts and boards of contract
appeals, bid protest decisions, contracting
newsletters, and selected analysis of federal
acquisition issues." For more information on
Federal Government Contracting, please go to the
following web site,
WIFCON.com.- Where in Federal Contracting?
Federal Business Opportunities is
also an excellent web site for information on
Federal Government Contractors and Contracting. For
more information on Federal Government Contracting,
please go to the following web site,
Federal Business
Opportunities.
Government Contractor Fraud
Whistleblower Actions, Claims, and Lawsuits
The Federal Civil False Claims
Act creates financial incentives for private
citizens that have knowledge of government
contractor fraud to blow the whistle on these
fraudulent contractors. Whistleblowers under the act
not only receive protection from the government for
their uncovering previously unknown fraud, but can
receive significant compensation of millions of
dollars, tens of millions of dollars, or hundreds of
millions of dollars depending on the amount of
government money that is recovered.
With large federal deficits and
money needed for many government programs, there is
an urgent need for persons with knowledge of
government contractor fraud to come forward and
report government contractors that are intentionally
defrauding the United States government and
taxpayers out of millions of dollars or billions of
dollars.
Qui Tam Claims and Qui Tam
Lawyers
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 has contracted
with private companies to provide services. 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.
Qui Tam Lawyers work with
whistleblowers to expose deceptive and corrupt
government contractors. As a Federal Government
Contractor Fraud Whistleblower Lawyer, Jason Coomer,
and other Federal Government Contractor Fraud
Whistleblower Lawyers commonly work in litigation
teams with other qui tam lawyers and the Department
of Justice to help American heroes that blow the
whistle on corrupt government contractors.
Federal False Claims Act
Amendments and Federal Contractor, Grantee, and
Subcontractor Fraud Claims
The False Claims Act was enacted
to encourage private citizens to assist the
government in the fight against fraud. While often
the whistleblower faces an uphill battle as large,
powerful corporations or individuals are usually
named as defendants. The whistleblower can hire an
experienced government contractor fraud claim
attorney and later work with attorneys from the
Department of Justice in pursuing a qui tam claim.
Under the Federal False Claims
Act, a "copy of the complaint and written disclosure
of substantially all material evidence and
information the person possesses shall be served on
the Government pursuant to Rule 4(d)(4) of the
Federal Rules of Civil Procedure. The complaint
shall be filed in camera, shall remain under seal
for at least 60 days, and shall not be served on the
defendant until the court so orders. The Government
may elect to intervene and proceed with the action
within 60 days after it receives both the complaint
and the material evidence and information."
This means that quite a bit of
work on a Federal Contractor Fraud Claim occurs at
the prior to the filing of the complaint. This work
includes gathering information and evidence of the
fraud as well as a damage model of the amount of
money that has been taken from the United States
Federal Government through fraud.
In 1986 as a result of increased
government contractor fraud, Congress amended the
Federal False Claims Act in order to make it easier
for whistleblowers to file claims against fraudulent
government contractors including large corporations,
defense contractors, health care providers, and
individuals. This expansion of the Federal False
Claims Act allowed Qui Tam Lawyers and
whistleblowers to file qui tam claims against
government contractors that were fraudulently
misidentifying medical expenses and overcharging the
government hundreds of millions of dollars.
The 1986
Amendment defined 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."
In
2009, the Federal False Claims Act was Amended again
to redefine a "claim" to include claims
submitted "to a contractor, grantee, or other
recipient, if the money or property is to be spent
or used on the Government's behalf or to advance a
Government program or interest." This language
makes explicit the ability of Government and
whistleblowers to pursue subcontractors and
grantees. This expansion will create
potential liability to health care providers and
other businesses that contract with government
programs including Medicaid and Medicare.
Also
in 2009, additional changes in the law have expanded
Whistleblower protections including Section 1553 of
the Act that "prohibits any private employer or
state or local government that receives any funds
pursuant to the Act from retaliating against an
employee who discloses, internally or externally,
information that the employee reasonably believes
constitutes evidence of one or more of a number of
specified improper uses of stimulus funds, including
gross mismanagement of an agency contract or grant,
gross waste of covered funds, or an abuse of
authority related to the implementation or use of
covered funds. Section 1553 establishes procedures
and damage remedies that are similar in some ways to
those with which many employers are familiar under
Section 806 of the Sarbanes-Oxley Act ("SOX"), but
its whistleblower provisions go beyond the
whistleblower protections of SOX in several
respects."
Compensation for Relators,
Qui Tam Plaintiffs, and Whistleblowers
The whistleblower's share of
recovery is a maximum of 25 to 30 percent of the
proceeds, if the government does not proceed with
the action and a maximum of 15 to 25 percent of the
proceeds if the government takes over the action.
Below are the provisions of the Federal False Claims
Act that relate to Whistleblower Qui Tam Plaintiff
compensation.
(1) If the Government proceeds with an action
brought by a person under subsection (b), such
person shall, subject to the second sentence of this
paragraph, receive at least 15 percent but not more
than 25 percent of the proceeds of the action or
settlement of the claim, depending upon the extent
to which the person substantially contributed to the
prosecution of the action. Where the action is one
which the court finds to be based primarily on
disclosures of specific information (other than
information provided by the person bringing the
action) relating to allegations or transactions in a
criminal, civil, or administrative hearing, in a
congressional, administrative, or Government
[General] Accounting Office report, hearing, audit,
or investigation, or from the news media, the court
may award such sums as it considers appropriate, but
in no case more than 10 percent of the proceeds,
taking into account the significance of the
information and the role of the person bringing the
action in advancing the case to litigation. Any
payment to a person under the first or second
sentence of this paragraph shall be made from the
proceeds. Any such person shall also receive an
amount for reasonable expenses which the court finds
to have been necessarily incurred, plus reasonable
attorneys’ fees and costs. All such expenses, fees,
and costs shall be awarded against the defendant.
(2) If the Government does not proceed with an
action under this section, the person bringing the
action or settling the claim shall receive an amount
which the court decides is reasonable for collecting
the civil penalty and damages. The amount shall be
not less than 25 percent and not more than 30
percent of the proceeds of the action or settlement
and shall be paid out of such proceeds. Such person
shall also receive an amount for reasonable expenses
which the court finds to have been necessarily
incurred, plus reasonable attorneys’ fees and costs.
All such expenses, fees, and costs shall be awarded
against the defendant.
Types of Qui Tam Claims,
Whistleblower Claims, and Federal Government
Contractor Fraud Claims
Anyone who defrauds the government
out of funds can be held accountable under the False
Claims Act. Common. Potential defendants include
defense contractors,
health care providers,
other government contractors & subcontractors,
banks & financial institutes, 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.
There are several types of Qui Tam
claims covered under the False Claims Act:
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, it is important to blow
the whistle on the government contractor fraud. By
reporting the fraud you can save the government and
taxpayers large amounts of money.
Further, if you are the first to file
and blow the whistle correctly pursuant to the Federal
False Claims Act, you may be able to share in the
recovery. As such, to become a relator it is important
to collect evidence of the fraud and contact a
Federal False Claims Act Lawyer such as Jason Coomer
and the attorneys that he works with to make sure that
every effort is made to protect your rights as a relator,
qui tam plaintiff, and government contractor fraud
whistleblower, so that you can share in the recover that
is made from your heroic efforts.