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False Claims Act Retaliation and Qui Tam Litigation

The attorneys at The Employment Law Group® law firm have experience litigating qui tam and retaliation claims under the False Claims Act.  In addition, The Employment Law Group® law firm has established favorable precedent under the retaliation provision of the False Claims Act, including two recent decisions, Glynn v. EDO et al and Mann v. Heckler & Koch Defense, Inc.

What is Qui Tam litigation?

Qui Tam is shorthand for the Latin phrase “Qui Tam pro domino rege quam pro si ipso in hac parte sequitur," which means "who sues on behalf of the King, as well as for Himself." Under the False Claims Act (FCA), a private individual with knowledge of fraud committed against the federal government may sue on behalf of the government to recover losses caused by the fraud.

What incentives are available for qui tam whistleblowers to disclose fraud?

To encourage whistleblowers to come forward and expose fraud on the government, the FCA awards whistleblowers 15% to 30% of the government’s recovery.

What activities are prohibited under the False Claims Act?

The False Claims Act prohibits fraud involving federally funded contracts or programs. Specific examples of activities prohibited under the False Claims Act include:

1. Knowingly presenting or causing to be presented, a false or fraudulent claim for payment or approval by the Government;

2. Knowingly making, using or causing to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government;

3. Conspiring to defraud the Government by getting false or fraudulent claims approved or paid by the Government;

4. Authorizing the making or delivery of a document that certifies the receipt of property used or to be used by the Government and intending to defraud the Government by making or delivering the receipt without completely knowing that the information on the receipt is accurate;

5. Knowingly buying or receiving an obligation or debt from the Government without being able to legally buy or receive that obligation or debt; and

6. Knowingly making, using or causing to be used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit property to the Federal Government.

False Claims Act Retaliation

What activities are protected?

Under the FCA, an employee engages in protected activity by acting in furtherance of a qui tam action. This includes: (1) investigating an FCA action, (2) initiating an FCA action, (3) testifying for an FCA action, or (4) assisting in an FCA action. Specific examples of protected activity include:

1. Bringing illegal conduct to an employer’s attention;

2. Refusing to participate in a scheme to defraud the government;

3. Reporting to a supervisor that flawed devices were being provided to the military; and

4. Reporting internally the existence of fraudulent activity.

What must the plaintiff prove to prevail?

To prevail in an FCA retaliation case, the employee must prove the following:

1. The employee was engaged in protected activity; and

2. The employer knew that the employee was engaged in protected activity.

What retaliatory acts are prohibited under the False Claims Act?

The FCA prohibits any action taken by an employer which has a negative effect on the terms, conditions, or privileges of employment. This includes termination, demotion, suspension, harassment and any other act that would dissuade a reasonable person from reporting violations of the FCA.

What can a prevailing whistleblower recover?

Section 3730 (h) of the FCA provides that prevailing employees will be made whole, i.e., will be returned to the same position the employee would have been in absent the retaliation. In particular, the FCA authorizes reinstatement, double back pay, interest on back pay, litigation costs and reasonable attorney fees.

Disclaimer: This website is maintained by The Employment Law Group® law firm to provide general information about itself and the field of employment law. The information you obtain at this site is not, nor is it intended to be, legal advice upon which you should rely or act. If you would like to discuss your potential claim call us at 888-603-0983 or  inquiry@employmentlawgroup.us