Qui Tam Whistleblower Lawyers Serving Clients in Phoenix and Throughout Arizona
Burg Simpson Law Firm offers more than just legal representation—it is a partnership with a formidable advocate in the fight to expose fraudulent actions against the U.S. government. A Phoenix False Claims Act attorney, backed by our firm’s profound legacy of success and a passion for justice, have stood at the forefront of significant legal battles, navigating the complexities of qui tam cases with unmatched resolve.
Beyond our successes and the substantial recoveries we have secured, our drive stems from a deeper mission: to champion the cause of whistleblowers and protect the integrity of public funds. Our aspiration is not just to succeed in the courtroom but to effect meaningful change and ensure accountability at the highest levels.
If you have confidential information indicating fraud against the government, you could be eligible for a substantial monetary reward as a qui tam whistleblower. We invite you to take the first step towards uncovering the truth.
Let Burg Simpson Law Firm, with its unique blend of local dedication and national reach, be your guide and ally. Together, we can pursue the financial compensation you are owed under federal law and a higher standard of justice.
Contact us online or call 602-777-7000 for a FREE and confidential case evaluation with a Phoenix False Claims Act attorney. We are Good Lawyers. Changing Lives.®, and we are prepared to guide you through your False Claims Act case.
What Is the False Claims Act?
Originally enacted during the Lincoln Administration and sometimes known as the “Lincoln Law,” the False Claims Act (FCA) (U.S.C. §§ 3729–3733) stands as a pivotal federal statute targeting fraudulent activities in government contracting. Recognized as one of the most potent tools against fraud in the United States, the FCA has facilitated the recovery of tens of billions in taxpayer dollars over recent decades.
Central to the FCA is its qui tam provision, empowering individuals with knowledge of fraud against the U.S. government to initiate lawsuits in federal court. These qui tam whistleblowers, often federal contractor employees privy to fraudulent schemes, are instrumental in exposing deceit.
A Phoenix False Claims Act attorney, adept in managing these cases, guides whistleblowers through the entire legal journey. It is imperative to note that the FCA mandates whistleblower representation by a qui tam lawyer through all stages.
Who Enforces the False Claims Act?
Enforcement of the FCA primarily falls to the Department of Justice (DOJ), which has the authority to pursue fraud perpetrators directly or support private citizens in qui tam lawsuits against fraudsters. These private citizens, or relators, undertaking qui tam actions on behalf of the government, stand to receive a portion of any governmental recovery.
With more than $2.68 billion in settlements and judgments from civil cases of fraud and false claims for the fiscal year ending Sept. 30, 2023, the DOJ’s efforts stress the significant impact of the FCA in combating fraud and safeguarding public funds. The collaborative effort between the DOJ and informed citizens through qui tam lawsuits is a cornerstone of the FCA’s enforcement strategy.
What Is a Qui Tam Lawsuit?
A qui tam lawsuit is a legal action brought under the FCA that allows private individuals (whistleblowers or relators) to sue on behalf of the U.S. government for fraudulent claims made by entities or individuals against federal funds. This unique mechanism empowers citizens to act as proxy plaintiffs in exposing fraud that they have direct knowledge of, particularly in sectors involving government contracts and healthcare.
Successful qui tam actions not only result in financial recovery for the government but also typically reward whistleblowers with a percentage of the recovered funds as an incentive for their role in uncovering the fraud. This process is a powerful tool in deterring fraudulent activities against the government, ensuring accountability and integrity in the utilization of public resources.
Most Common Types of Cases a False Claims Act Attorney Handles
Whistleblower lawyers play a pivotal role in addressing and litigating a spectrum of qui tam actions that unveil fraudulent activities draining government resources. Their legal proficiency is frequently applied to cases involving:
- Illegal Kickback Schemes: Transactions where rewards are offered for favorable treatment or referrals in business dealings, undermining ethical standards.
- Fraudulent Healthcare Billing Practices: This includes billing for services not rendered, duplicating charges, and other deceitful practices in healthcare.
- Defense Contractor Fraud: Overcharging the government or billing for substandard or undelivered military goods and services.
- GSA Contractor Fraud: Misrepresentations or false claims made by suppliers under the General Services Administration schedules.
- Unlawful Marketing of Pharmaceuticals: Promoting prescription drugs for off-label uses that are not approved by the FDA or engaging in misleading marketing strategies.
- Government Procurement Fraud: Rigging bids or providing inferior materials for government projects.
- Research Grant Fraud: Distorting research findings to secure government funding.
- Construction Fraud: Inflating costs or misrepresenting compliance on government-funded construction ventures.
These are among the most common cases managed by a False Claims Act lawyer, who employs their legal skills to uncover and prosecute these sophisticated frauds, protecting public funds and ensuring accountability. Their efforts contribute significantly to the integrity of government contracting and healthcare systems, safeguarding them against exploitation.
Possible Violations of the FCA
The False Claims Act meticulously outlines a range of activities that constitute violations, all of which revolve around the misuse or fraudulent claiming of federal funds. These violations include, but are not limited to:
- Deliberately submitting (or inducing the submission of) false claims for government payment.
- Employing (or compelling the use of) fraudulent documents or statements to secure government payment for claims.
- Collaborating in schemes aimed at securing payment from the government under false pretenses.
- Intentionally using (or instigating the use of) deceptive records or assertions to dodge financial obligations or the transfer of assets to the federal government.
These acts of fraud against the federal government undermine the integrity of public programs and burden taxpayers. Whistleblower attorneys are vital in identifying and addressing these violations and work tirelessly to uphold the law and protect public resources from fraudulent exploitation.
What Are the Penalties for Submitting a False Claim?
Penalties for submitting a false claim under the FCA are both severe and comprehensive, designed to deter fraudulent activities against the government. Individuals or entities found guilty face significant financial penalties, including treble damages—three times the amount of the government’s actual losses—and additional civil penalties ranging from $13,508 to $27,018 per false claim as of January 30, 2023.
Moreover, violators may also face criminal charges, leading to further fines and possible imprisonment, depending on the gravity of the fraud. These stringent penalties convey the government’s commitment to protecting public funds and maintaining the integrity of federal programs.
What To Expect in a Qui Tam Lawsuit
Here is a step-by-step overview of what to expect in a qui tam lawsuit:
1. Consultation
The process begins with consulting a qui tam attorney to evaluate the strength and validity of your information regarding the alleged fraud.
2. Filing Under Seal
Your lawyer will prepare and file the qui tam complaint confidentially, or “under seal,” in federal court. Typically lasting 60 days, this seal allows the government to investigate the allegations without public disclosure.
3. Government Investigation
During the seal period, the DOJ investigates the claims, possibly extending the seal to allow more time for a thorough investigation.
4. Government’s Decision
After reviewing the evidence, the DOJ decides whether to intervene and take over the case or allow the whistleblower (referred to as the “relator”) to proceed with their attorney.
5. Litigation
If the case moves forward, either with the government leading the charge or the relator and their attorney taking the reins, it enters the litigation phase, involving discovery, motions, and possibly a trial.
6. Resolution
The lawsuit concludes with a settlement, judgment, or dismissal. If successful, the relator may receive a portion of the recovered funds as a reward.
Throughout this process, having an experienced qui tam whistleblower attorney is crucial to navigating the complexities of the law, protecting the whistleblower’s rights, and maximizing the potential for a successful outcome.
What Is the Burden of Proof for the False Claims Act?
In a False Claims Act case, the burden of proof lies with the whistleblower (relator) or the government, requiring them to establish the fraud by a “preponderance of the evidence,” which is:
- Credibility of Evidence: Must show that fraud is more likely than not to have occurred.
- Specificity: Detail specific instances of fraudulent claims submitted to the government.
- Knowledge: Demonstrate that the defendant knowingly submitted false claims or acted with deliberate ignorance/reckless disregard of the truth.
This standard is less stringent than “beyond a reasonable doubt” used in criminal cases, focusing on the balance of probabilities.
Statute of Limitations on False Claims Act Lawsuit
The statute of limitations for a FCA lawsuit emphasizes the need for timely action:
- Within 6 years of the fraudulent activity’s occurrence, or
- Within 3 years of when the government is made aware of the fraud, capped at 10 years from the act’s date.
Prompt action is essential. This statute of limitations necessitates immediate response from whistleblowers to preserve their ability to file a claim. A delay can forfeit the chance of bringing forth a lawsuit.
It is critical to understand and adhere to these time constraints. Consulting with a Phoenix False Claims Act attorney promptly can help ensure your case is addressed within the legal deadlines. This maintains your eligibility to contribute to the uncovering of fraud and to claim potential rewards.
How Successful Are False Claims Act Cases?
FCA cases have a notable track record of success, particularly when the government opts to intervene. While outcomes can vary, cases with government intervention see a higher rate of favorable settlements or judgments.
Even without government involvement, skilled attorneys can navigate qui tam lawsuits to successful conclusions, securing significant recoveries. Over the years, FCA cases have reclaimed billions of dollars for the U.S. Treasury, with whistleblowers often receiving a substantial portion of the recovered funds.
How Long Does a Qui Tam Lawsuit Take?
The duration of a qui tam lawsuit can vary widely, with many cases spanning from 3 to 5 years on average. This timeframe can extend further, depending on the case’s complexity.
The initial investigation period alone, while the case is under seal, may last 60 days to over a year, depending on the complexity of the allegations and the extent of the government’s review. Subsequent litigation phases can extend the timeline further, especially if the case goes to trial.
Why Hire Burg Simpson Law Firm?
Choosing Burg Simpson Law Firm means aligning with a team of Phoenix False Claims Act lawyers who not only possess profound legal skills but also carry a heartfelt commitment to justice. With over 40 years of unwavering success, our firm has secured more than $2 billion for our clients, showcasing our capability to tackle even the most challenging cases.
Our blend of local insight and national strength ensures we approach each case with the comprehensive strategy it deserves. Good Lawyers. Changing Lives.® is not just our motto—it is our mission. We leverage our vast resources and determination to advocate for those wronged, making Burg Simpson Law Firm the trusted choice for whistleblowers seeking to make a difference.
Contact a False Claims Act Lawyer Today!
If you are ready to take a stand against fraudulent activities against the government, it is time to reach out to the dedicated team at Burg Simpson Law Firm. Our Phoenix False Claims Act attorneys are well-versed in the complexities of qui tam lawsuits and are committed to guiding whistleblowers through the legal process with confidence and care.
Do not let uncertainty deter you from pursuing justice. Contact us online or by calling 602-777-7000 today for a FREE and confidential consultation. Use our experience to your advantage. With our proven track record and passionate advocacy, we are here to ensure your rights are protected and your voice is heard. We are proud to serve clients in Phoenix and throughout Arizona.
