The federal False Claims Act (FCA) authorizes whistleblowers, known as “relators,” to bring civil actions on behalf of the United States against parties that knowingly submit false or fraudulent claims for government funds.
Originally enacted during the Civil War, the statute remains one of the government’s most powerful enforcement tools. Since 1986, the Department of Justice has recovered more than $8564 billion through False Claims Act litigation, with whistleblowers receiving billions of dollars in statutory awards for their role in exposing fraud.
Modern FCA enforcement spans a wide range of industries, including healthcare, pharmaceuticals, defense contracting, energy, cybersecurity, and government procurement. These cases frequently involve dense regulatory frameworks, voluminous records, and defendants represented by sophisticated national defense firms.
Prosecuting an FCA action requires relator-side counsel with experience navigating sealed proceedings, parallel government investigations, complex litigation through trial, and the ups and downs of whistleblowing. A seasoned FCA lawyer is central to that process.
The Role of a False Claims Act Lawyer in Qui Tam Litigation
A False Claims Act case typically begins well before filing a complaint. Relator’s counsel evaluates whether alleged conduct satisfies the statute’s substantive elements, including falsity, materiality, and scienter, and whether the available evidence can meet heightened federal pleading standards. This assessment is essential.
Once counsel determines that a viable FCA claim exists, they file the case under seal in federal court. During the sealed period, the Department of Justice investigates the allegations and determines whether to intervene.
Throughout this phase, a False Claims Act lawyer communicates with government lawyers, responds to investigative inquiries, and provides supporting documentation addressing factual or legal issues.
Advocacy during this stage may affect whether the government intervenes and how the case proceeds.
If the government elects not to intervene, the FCA allows relators to litigate the case independently. Declined cases often involve heightened risk and complexity, requiring a qui tam lawyer with substantial trial experience and the resources to prosecute claims against well-funded defendants.
Even in intervened cases, relator’s counsel remains actively involved in discovery, motion practice, settlement negotiations, and trial preparation.
Trial Readiness in High-Stakes FCA Cases
Many FCA cases involve multinational corporations, publicly traded healthcare entities, or major government contractors with extensive compliance infrastructures and experienced defense counsel. In this environment, trial readiness is a practical requirement.
Relator-side FCA lawyers must approach FCA matters with the expectation that cases may proceed to verdict. That posture informs strategic decisions throughout the litigation, including evidence development, expert engagement, and trial presentation.
Trial-focused preparation also affects settlement negotiations, particularly in matters involving significant exposure to damages and statutory penalties.
Reese Marketos LLP prepares FCA cases with the intent of prevailing at trial. The firm has prosecuted some of the largest and most complex False Claims Act matters in the country, including obtaining a $1.64 billion civil judgment against Janssen Pharmaceuticals, the largest FCA judgment in the statute’s history.
The firm has also secured substantial recoveries in healthcare kickback cases, energy sector fraud matters, and government contracting disputes, reflecting extensive experience across multiple industries.
Industries Commonly Implicated in False Claims Act Litigation
Although the False Claims Act applies broadly, certain sectors account for a significant portion of modern enforcement activity.
Healthcare-related FCA cases frequently involve allegations of Medicare or Medicaid overbilling, improper referrals in violation of the Anti-Kickback Statute and Stark Law, or the marketing of pharmaceuticals for non-covered uses. These matters often require a detailed understanding of reimbursement regulations and clinical practices.
Defense contractor and procurement cases often center on defective pricing, failure to meet contractual specifications, or billing for goods or services not provided. Energy and infrastructure cases can involve false certifications, safety-related misrepresentations, or fraudulent claims connected to federally funded projects.
False Claims Act litigation requires analyzing industry-specific regulations, identifying patterns across large datasets, and presenting technically complex evidence in a clear and structured manner to courts and juries. Sophisticated False Claims Act lawyers must prepare to address these demands.
Who May Serve as a Relator Under the False Claims Act
Relators come from a wide range of professional backgrounds. They may include healthcare administrators, pharmaceutical sales representatives, billing specialists, engineers, compliance personnel, information technology consultants, or former government contractor employees.
The statute does not require relators to hold a particular job title. What matters is access to non-public information demonstrating that false claims were knowingly submitted to the government.
Relators must also satisfy procedural requirements, including filing first and providing the government with substantially new information.
An experienced False Claims Act attorney assesses these threshold issues early to determine whether a potential relator may proceed and whether a claim can withstand procedural challenges.
Consultation with an Experienced Qui Tam Lawyer
False Claims Act cases carry significant legal and professional consequences for all parties involved. Early involvement of experienced counsel is essential to preserving claims, protecting confidentiality, and positioning matters for effective prosecution.
Reese Marketos LLP focuses on plaintiff-side complex commercial litigation, including high-stakes FCA and qui tam matters. The firm’s attorneys bring experience from both private practice and government service, including senior leadership roles within the U.S. Attorney’s Office.
That background informs the firm’s approach to FCA cases and its understanding of government and defense strategies as a False Claims Act law firm representing relators.
The firm routinely evaluates potential FCA cases and maintains the confidentiality of those potential matters. Those seeking representation should contact the firm to discuss potential FCA claims and the litigation process.