Whistleblower and False Claim Lawyers

If you suspect or know that your employer or any other party is attempting or committing fraud against the government, contact Nix Patterson. We have a robust department of lawyers and staff dedicated to prosecuting whistleblower and False Claims Act (“FCA”) litigation on behalf of the United States and state governments. The FCA allows private citizens to report companies and individuals who commit fraud on the government for financial gain.

Remember, whistleblowing on fraud or any other unlawful activity that goes against the public interest benefits you — the taxpayer — and the government. Whistleblowers are essential in holding companies and industries accountable and protecting taxpayer dollars.

To encourage whistleblowers (known as “relators” under the FCA) to step forward, the federal government rewards them with a percentage of the funds recovered from successful litigation. Other federal agencies, including the SEC and the IRS, have established programs to reward whistleblowers who provide information leading to successful enforcement actions involving financial fraud.

Even though you may be nervous about coming forward for fear of repercussions from your boss or other involved persons or companies, laws are in place to protect you from retaliation. As a whistleblower, you can file a Qui Tam lawsuit to inform federal authorities of fraudulent activity. This is a civil lawsuit that an individual or entity can file under the False Claims Act to stop fraud against the government.

Deep Experience in Whistleblower and False Claims Act Litigation

Nix Patterson understands that you may feel vulnerable. In cases across the United States, we have represented whistleblowers in FCA litigation involving various industries, including healthcare, finance, banking, insurance, oil and gas, accounting, and other industries. Our whistleblower attorneys are here to inform you of your rights and help you secure favorable results.

For example, Nix Patterson represented a whistleblower in multiple FCA cases alleging that major energy companies were underpaying federal oil and gas royalties. These cases resulted in several significant settlements for the government. Nix Patterson incurred more than $5 million in out-of-pocket expenses assisting the government in one of these cases alone.

Other notable whistleblower cases we have handled include:

• Federal Oil Royalty False Claims Act Qui Tam Litigation. Nix Patterson recovered over $400 million in The Johnson Lawsuit on behalf of the U.S. government.
• Specialty Surgical Hospital False Claims Act Recovery. Nix Patterson recovered $72.3 million after Wayne Allison — the whistleblower — raised the alarm about false claims submitted to the TRICARE, Medicaid, and Medicare programs.

What Are Some Examples of Fraud?

Fraud exists in virtually every industry of the government that deals with contracting. Examples of fraud include:

• Healthcare fraud
• Federal student loan fraud
• Environmental fraud
• Medicare and Medicaid fraud
• Government procurement fraud
• Construction fraud
• Defense contractor fraud
• Pharmaceutical fraud
• Tax fraud

What Is the False Claims Act?

Initially enacted in 1863 by Congress but later amended in 1943 and 1986, the False Claims Act, also called the Lincoln Law, allows private parties to file civil lawsuits against individuals, companies, or other parties allegedly defrauding the government.

What Is Qui Tam?

“Qui tam” refers to the part of the FCA that allows private citizens with insider information to file suit on behalf of the government and pursue recovery of improperly reimbursed or retained government funds. In exchange, the government may reward the private citizen with a percentage of the recovery.

Qui tam is a Latin phrase that means “Who sues on behalf of the King as well as for himself.” In common law, the person who reports fraud may file a lawsuit on behalf of the government — the plaintiff in this case. The government has the right to intervene and join whistleblower lawsuits.

What Warrants a Qui Tam Lawsuit?

Under the False Claims Act, some of the actions that may be considered violations of the Act include:

• Overcharging the government
• Submitting a fake loan application to the government
• Scheming to land government contracts
• Demanding payment for goods that don’t meet regulatory or contractual requirements
• Attempting to pay the government less money
• Asking for payment for substandard or defective products
• Submitting a fraudulent application for grants

Who Can File a Qui Tam Action?

Any individual or entity with evidence of fraud against federal contracts or programs may whistleblow and file a suit. To do this, you must file an action — in camera and under seal — in a federal district court.

You should note that you can’t bring an action if the government or any other individual has filed a false claim suit using the same evidence. This is known as the “first to file” rule.

The public disclosure bar may also prevent you from filing a false claim lawsuit. Here, the FCA prohibits whistleblowers from bringing claims based on information previously disclosed to the public through channels like the media. For example, if a newspaper publishes an article accusing a pharmaceutical company of defrauding a government agency, one cannot use the same information to file a lawsuit. A whistleblower must be the “original source” of such information.

How Much Money Can I Receive for Filing a False Claim Lawsuit?

The reward for successful whistleblower claims varies depending on many factors. Citizens can expect a substantial share of the financial recovery in a false claim case — typically up to 30% of the government funds recovered.

According to the Department of Justice, over $5.6 billion was recovered from civil cases involving fraud and false claims in the fiscal year ending Sept. 30, 2021. But note that every false claim case is unique, and there is no guarantee that you’ll receive any money. That said, our False Claims Act lawyers are here to listen to you and offer advice and guidance.

How Are Whistleblowers Protected?

The FCA protects whistleblowers from forms of retaliation, including:

• Harassment
• Demotion
• Suspension
• Termination
• Threats
• Discrimination

If your employer is mistreating you because you spoke out, you can file a suit against them for damages, which may include reinstatement. At Nix Patterson, our whistleblower lawyers will advocate that your rights are upheld during and after the lawsuit.

How Can a Whistleblower Lawyer Help?

False-claims lawsuits are complex. Still, the legal team at Nix Patterson has the know-how to handle whistleblower lawsuits and other areas of law. Our lawyers are experienced in handling false claim cases, and we have the resources to cover all case-related expenses.

Here’s how Nix Patterson can help with your qui tam lawsuit and other whistleblower claims:

• Evaluate your claim and related evidence
• Ensure it abides by the FCA
• Protect your rights and interests
• Help you file a false claim lawsuit or submit information to relevant authorities depending on your case
• Fight for the maximum whistleblower award
• Convince the government to join the case
• Protect your identity
• Protect you from any form of retaliation

Under the FCA, you must hire a lawyer to represent you in a False Claims Act case. Our lawyers understand that you might be hesitant to file a suit, but you should know that Nix Patterson treats all its cases, including FCA lawsuits, with the utmost confidentiality.