In a qui tam suit, private whistleblowers—known as “relators”—that reveal false claims against the government can bring a lawsuit on behalf of the government and are entitled to a share of the damages and penalties recovered. The primary vehicle for qui tam suits is the federal False Claims Act, also known as the “Lincoln Law,” which allows relators to sue on behalf of the United States and to recover unlawfully obtained taxpayer money. The Department of Justice estimates that more than $64 billion has been recovered through the False Claims Act since 1986. During that time, whistleblowers have received more than $7 billion for their role in exposing illegal conduct. Similar state statutes also allow for individual actions by relators on behalf of state governments.
The world of qui tam litigation is constantly evolving. In the past, when the Department of Justice chose not to intervene in a case, relators would often walk away from litigation. It has become more common in recent years for relators to proceed on their own in these declined cases. In fact, the False Claims Act authorizes private citizens to litigate cases on their own in federal court and to receive up to 30% of the amounts recovered. And the vast majority of modern qui tam cases arise in the complicated world of healthcare law. These claims often involve violations of the Anti-Kickback Statute, the Stark Law, and other Medicare and Medicaid regulations and provider obligations. Although healthcare fraud against the government is rampant and recoveries can be substantial, prosecuting these complex cases against powerful defendants and their expensive legal teams ordinarily requires relator’s counsel equipped with the right experience.
At Reese Marketos LLP, we prepare every case with the intent of winning at trial—not just settling. We employ our battle-tested experience in complex litigation as well as our unique experience in false claims and healthcare fraud cases—including partner Josh Russ’s previous service as the Civil Chief for the United States Attorney’s Office for the Eastern District of Texas—to advance our clients’ claims. Our qui tam practice focuses on prosecuting plaintiff-side cases for whistleblower clients, applying our experience to root out fraud, expose false claims, deter illegal conduct, and recover ill-gotten taxpayer funds.