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Fraudulent Government Contractor Whistleblower Recovery Claims, Qui Tam Whistleblower Reward Actions, and Qui Tam Whistleblower Compensation Lawsuits

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.

Qui tam actions typically revolve around false claims that are either directly or indirectly presented to the Government for "payment or approval." These false claims can be generated through the submission of false bills, records, statements or other representations made to the Government.

There are several types of Qui Tam claims covered under the False Claims Act:

  • Mischarging or overcharging for goods or services.

  • Improper price data and the request for payment for services never provided.

  • Holding government property for fraudulent purposes.

  • Avoiding payment of a debt to the government because of illegal reasons.

  • Knowingly providing the government with defective or dangerous products that were falsely certified.

  • Falsely certifying information for the entitlement of benefits.

  • Having any false claim paid by the government.

The mischarging case is the most common type of qui tam case filed. Mischarging cases generally involve filing false claims for goods or services that were not provided or delivered. A common mischarging scenario is employee labor charged to a government contract not worked on. Other common mischarging schemes are claims made to the Government for medical services not rendered or for services performed by an attending physician when the service was actually performed by a nurse or other provider that should have been billed at a lower rate.

Contractor Fraud Claims

Another type of case is the false negotiation or defective pricing case that involves the submission of false cost and pricing data to the Government. This scheme, which takes on many forms, involves the submission of false costs or pricing data to the Government during the negotiation of a contract that subsequently results in an inflated contract price.

Other common types of cases involve product and service substitution and false certification of entitlement for benefits. Examples of product and service substitution are falsely certifying that a product meets specifications, false testing schemes such as falsely certifying that reliability testing was conducted and providing an inferior service or product. Examples of false certification of entitlement cases are falsely certifying information for FHA mortgage guarantees and price supports.

Blowing the Whistle on Those that Commit Fraud Against the United States Government, First to File Provisions of the Federal False Claims Act, and Preserving Relator Rights to Share in Recovery of Funds

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.

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