Cook County False Claims Act Attorney

Lawyer for Whistleblower and Qui Tam Cases in Chicago and Cook County, IL

There are a wide variety of situations in which a person may uncover fraud or illegal actions committed by an employer or another company or organization. When fraud is committed against the federal government, the person who reports the fraud may be able to file a claim under the False Claims Act. This not only ensures that the illegal actions will be dealt with properly, but it allows a whistleblower to receive a percentage of the funds recovered as a reward.

If you have found evidence of fraud committed against the government, you will want to work with an attorney who is experienced in whistleblower cases. At Khan Nayyar & Associates, LLC, we provide dedicated representation to clients who are looking to report wrongdoing and pursue lawsuits under the False Claims Act. We will work with you to gather the necessary evidence to support your claim, and we will help you in pursuing the proper compensation for blowing the whistle.

The False Claims Act and Qui Tam Lawsuits

The federal False Claims Act provides a person with the incentive to make a report that a person or organization has committed fraud or misconduct that caused the federal government to suffer financial losses. In addition to the federal False Claims Act, individual states have similar laws that allow a whistleblower to bring a claim against a person or organization who has defrauded a state government. These lawsuits will typically involve state-funded programs, such as Medicaid.

When a whistleblower brings a claim under the False Claims Act, this is known as a "qui tam" lawsuit. The whistleblower, who is referred to as the "relator," will submit a complaint and accompanying evidence to the Department of Justice, which will investigate this report and decide whether to pursue litigation against the offending party. If the DOJ does not intervene in the case, the relator may pursue a lawsuit on behalf of the government.

A qui tam case must be based on wrongful actions against the government that were committed knowingly by the defendant. Some common forms of fraud include overcharging the government for products or services, providing the government with substandard services or defective products, or avoiding or decreasing an obligation to pay money to the government (other than taxes). Violations of the False Claims Act are often committed by pharmaceutical companies, medical device manufacturers, other health care companies, and companies or organizations who are involved in government contracts. Qui tam cases also regularly involve Medicare or Medicaid fraud.

If a defendant is found liable for a violation of the False Claims Act, they may be required to pay "treble damages," or three times the amount of the losses experienced by the government, and other fines and penalties may also apply. The relator will be entitled to receive a certain percentage of the amount recovered. If the Department of Justice intervened and pursued litigation against the defendant, the relator will receive 15-25% of the damages. If the DOJ did not intervene, and the relator pursued litigation on behalf of the government, the whistleblower will receive 25-30% of the damages.

Notably, a qui tam lawsuit must be based on information that is not available to the public, unless the whistleblower was the original source of that information. Claims must be filed within the statute of limitations, which is six years after the defendant made a false claim against the government, or three years after the government knew or should have known about the false claim. Under the "first-to-file rule," only the first whistleblower to file a complaint is entitled to pursue a qui tam lawsuit, so it is extremely important to pursue these cases quickly once information about a false claim is uncovered.

Contact Our Chicago Qui Tam Lawsuit Attorneys

Qui tam cases can be pursued by an employee, a competitor, or anyone who has information about fraud committed against the government. Khan Nayyar & Associates, LLC provides representation to whistleblowers, helping them receive the rewards they deserve for reporting misconduct and illegal actions. To learn more about how we can help you pursue a qui tam lawsuit, contact us at 630-LAWYERS.