False Claims Act Pitfalls

The False Claims Act’s unusual filing procedures create many pitfalls for potential whistle blowers. Falling into these pitfalls can drastically decrease the amount of the recovery and, in some cases, result in losing the case.

• It is vital that you do not discuss the case or disclose its existence to anyone. This could impede the government’s investigation and cause the court to dismiss the case.

• Quick pursuit is important. Generally, only the first to file a lawsuit can be rewarded for reporting the fraud.  If you think you have a case, it is important for you to contact an experienced qui tam attorney right away to begin the process. Under the False Claims Act, an action must generally be filed within six years of the violation of the Act.

• Improperly filing your case will probably cause the court to dismiss the case. An experience qui tam attorney can help you file your claim in keeping with the unique, detailed provisions of the False Claims Act.

• Failing to include the proper evidence in the court filings and documents that you send to the government’s attorneys may give an incomplete picture of the case, make their investigation more difficult and increase the chances of government dismissing the case. It is vital that these documents be thorough and well-organized.

• Signing a release of claims (such as an employment severance agreement or other settlement agreement) may legally prevent you from bringing a False Claims Act case.

David G. Schiller represents North Carolina employees in a wide range of cases — including False Claims Act (Qui Tam).

Contact Us • Statewide Representation

You may call our office at (919) 789-4677 to discuss your False Claims Act (Qui Tam) issue or complete the form below.