Do I Have A Case?

Below are a list of questions to ask yourself to determine whether you can file a case under the False Claims Act.  You do not need to answer these questions on your own.  A lawyer can help you.

1. Did the wrongful conduct cause a governmental entity to lose money?  The purpose of the False Claims Act is to help the government recover money it should have never paid, money that it overpaid, or money that was wrongfully withheld from the government.

2. How reliable is your information about how and why the wrongful conduct took place?  In most cases, the False Claims Act rewards people who can verify that the wrongful conduct took place, either because they saw it happen or had access to documents that can prove it.  It does not reward people who learn information about the wrongful conduct in the newspapers or from other information available to the public.

3. Does the government already know about the wrongful conduct?  The False Claims Act is designed to encourage people to report wrongful conduct against the government that is not already known.  If the government already knows about the wrongdoing, it may present an obstacle.

4. How long ago did the conduct take place?  In most cases, a lawsuit under the False Claims Act must be filed within six years of when the wrongful conduct took place, although in certain cases you might have up to ten years.

DO'S AND DON’TS

1. If you believe you know of conduct that qualifies as a false claim against the government, do not publicize it.  Publicly disclosing the fraud before taking the necessary steps to file a case may disqualify you.

2. Make sure you report the conduct to the government before filing a case in court.

3. Once you report the conduct to the government, make sure you are able to file the lawsuit quickly so that no one beats you to the punch.

4. Do not assume that any confidentiality agreement you may have signed with a company prevents you from filing a False Claims Act lawsuit against that company.  If you did sign such an agreement, consult with a lawyer about the potential effects.