How Do I File a Qui Tam Lawsuit?

ORLANDO, FL, May 01, 2011 (Press-News.org) If you have knowledge of fraud against the government, you can become a whistleblower and file a qui tam lawsuit. Under the False Claims Act, whistleblowers can file claims on behalf of the government to recover lost money from the fraudulent actions of the defendant. These are very complex claims and require the assistance of an experienced qui tam attorney.

Where and When to File your Qui Tam Lawsuit

The False Claims Act is a federal law, and as a result, your case can generally be filed in a federal court. However, some states have also enacted their own False Claims Acts. As a result, your qui tam lawyer must be aware of all federal and state laws that apply to your case so that it is filed in the appropriate jurisdiction.

Timing is also very important in qui tam claims. If you have knowledge of fraud against the government, you should act quickly. Under the False Claims Act, your case can be dismissed if:

- Another whistleblower has already brought these allegations against the defendant
- The information about the fraud becomes public before your qui tam claim is filed
- The statute of limitations has elapsed

The statute of limitations for most qui tam claims is six years from the date the fraud was committed. However, there are certain cases where the statute of limitations may be extended to ten years. It is important to work with an attorney who has a thorough understanding of the filing deadlines that apply to your claim.

Confidentiality

Qui tam claims are filed under seal and are not make public initially. This seal enables the government to investigate the allegations in the lawsuit without notifying the defendant. These claims are generally kept under seal for 60 days; however, it is very common for the seal to be extended to allow the government more time to conduct its investigation. While the claim is under seal, the identity of the whistleblower will remain confidential. Once the seal is lifted, the identity of the whistleblower will be revealed.

Whistleblowers must keep all knowledge of the qui tam claim confidential while it is under seal. If the whistleblower discusses the case with anyone, the court will dismiss it.

Hiring an Experienced Qui Tam Lawyer

In order to increase the likelihood that the government will act on your claim, it is important to hire a lawyer with extensive experience in qui tam investigations and litigation. Make sure to ask your potential qui tam lawyer how long he has been handling these cases, and make sure he has litigated a substantial number of trials in federal court.

Qui tam cases are very costly and often take years to complete. It is important to work with a lawyer who can shoulder the expenses associated with these cases and who has a sizeable legal team assisting with the case. Make sure your qui tam lawyer has experience working closely with government prosecutors and assisting in federal investigations. The amount of assistance you provide during the case will have a significant impact on your whistleblower reward.

For additional information on filing a qui tam claim, please visit the website of Colling, Gilbert, Wright & Carter today, serving clients in Orlando, Florida.

Website: http://www.thefloridafirm.com