The Qui Tam Team Blog Join In the Fight Against Fraud

Bringing/Filing a Qui Tam Claim

Have you witnessed some type of fraud against the government? Well, you should consider talking with an attorney on the Qui Tam Team. Here's a brief overview of what bringing a qui tam suit involves. An attorney can give you more information and provide legal advice.

Keep in mind that you must file a qui tam suit in order to be eligible for a whistleblower reward under the False Claims Act, 31 U.S.C. § 3729–3733.

How long do you have to bring your claim? Under 31 U.S.C.S 3721, a civil action under the False Claims Act must be brought

• a maximum of six years after the violation of the False Claims Act was committed; or
• a maximum three years after the date when the government knew or should have known about the violation, but no more than ten years after the date on which the violation was committed.

Once a qui tam claim is filed, it remains under seal while the government decides whether it will intervene. If the government does decide to intervene in your case, it can file its own complaint or amend the complaint filed by the relator (the whistleblower). 31 USCS 3730(b). The government may clarify the claims in which it is intervening or add new claims.

In order to bring a qui tam suit, a relator MUST be represented by an attorney. The reason for this was discussed in United States ex rel. Fisher v. Network Software Assoc., 377 F. Supp. 2d 195; 2005 U.S. Dist. LEXIS 14430 (D.D.C, 2005). The court explained that even though the relator has an interest in the outcome of the case, the real party in interest is the United States, even if the government decides not to intervene. Allowing a plaintiff to go forward without an attorney could je0pardize the government's chances of succeeding in the case in the future, so courts do not allow an unrepresented plaintiff to bring a qui tam suit. The stakes are just too high if the government has a chance to get some money back.

How is it filed?

A qui tam claim must be filed by your attorney in federal district court in accordance with the Federal Rules of Civil Procedure. A copy of the complaint must be served on the Attorney General of the United States along with a statement of the material evidence in the whistleblower's possession.

Note that the complaint must be filed confidentially and kept under seal. Until the court gives permission to do so, the complaint must not be served on the defendant in order to maintain strict confidentiality. If the complaint is served without the court's permission, the qui tam suit will be dismissed!

Once the complaint has been filed, get ready to wait. It can take months for the government to decide whether it will intervene. In the meantime, you can catch up on your whistleblower movies, like The Insider...