Qui Tam and False Claims Act Litigation

What is Qui Tam Action?

The False Claims Act provides financial incentives for private citizens to report fraud committed against the federal government. The Act allows a private citizen, known as the relator, to file a lawsuit on behalf of the federal government to recover money that was fraudulently obtained from the government. These lawsuits are referred to as whistleblower or qui tam actions.

When a relator files a lawsuit under the False Claims Act, the Department of Justice begins an investigation period, and the proceedings are secret during this period. Once the investigation ends, the Department of Justice decides whether it will intervene in the case—and thereby have the primary responsibility for prosecuting the case—or allow the relator to continue litigating the case on her own. In either case, if money is recovered in the qui tam action the relator receives a percentage of the recovered money, as well as reasonable expenses, attorneys’ fees, and costs.

Qui tam actions are complex and require the advice of an attorney with knowledge of the False Claims Act and experience in this area of the law. Hymel Davis & Petersen brings over 100 collective years of experience to the service of our clients in Louisiana and throughout the region. We have experience representing parties on both sides of qui tam actions: we have brought qui tam actions on behalf of relators, and we have also defended against qui tam actions on behalf of defendants. To successfully litigate a qui tam action, it is crucial to have experienced attorneys on your side throughout the investigation, litigation, and settlement processes.