Qui Tam and False Claims Act: Frequently Asked Questions

Prospective whistleblowers have many questions before they come forward. Below are direct answers to the ones I hear most often. For the law itself, see my False Claims Act overview; for the process, see my guide to filing a qui tam lawsuit. Anyone who suspects fraud is encouraged to speak with me before taking any action, because only the first person to report a set of facts can normally recover, and it is best not to discuss the details with anyone other than a lawyer.

Can I file a qui tam lawsuit anonymously?

A qui tam complaint is filed under seal, so it is confidential and the relator’s identity is protected while the government investigates. It is not permanently anonymous, because the name is usually revealed once the case is unsealed. There are steps that can sometimes delay or limit disclosure to the public, though not to the government, and they are not guaranteed to work.

Do I have to quit my job to be a whistleblower?

No. Employees can and often do file qui tam cases while still employed, and the False Claims Act protects employees who take lawful steps to report or stop fraud (31 U.S.C. § 3730(h)).

Do I have to pay anything to bring a qui tam case?

A whistleblower generally does not pay out of pocket. I take qui tam cases on a contingency basis and advance the litigation costs, so there is no attorney’s fee unless there is a recovery, and a successful relator may also recover fees and costs from the defendant.

How long does a qui tam case take?

Most cases stay under seal for one to three years while the government investigates, and the case as a whole can run longer if it proceeds to litigation. The timeline depends on the complexity of the fraud and whether the government intervenes.

What happens if someone already reported the same fraud?

Under the first-to-file rule, only the first relator to bring a particular set of allegations can recover on them. This is why acting quickly, and not discussing the fraud with anyone other than a lawyer, can be decisive.

Can I be a whistleblower if I am not a U.S. citizen?

Yes. There is no citizenship requirement, and non-citizens as well as people located outside the United States can bring qui tam cases involving fraud against U.S. government programs.

What if I took part in the fraud myself?

A person who participated in the fraud may still bring a case, though the court can reduce the reward based on their role. Someone who planned or led the scheme, or is criminally convicted for the conduct, can be barred, so this situation should be discussed carefully with counsel.

Is there a reward just for reporting fraud to a hotline?

No. Reporting fraud to a government hotline does not create a right to a reward. To be eligible for a share of the recovery, a relator must file a qui tam lawsuit under the False Claims Act.

What kind of evidence makes a strong qui tam case?

The strongest cases rest on specific, documented, non-public knowledge, such as invoices, billing records, internal emails, or direct observation of the fraud. Firsthand knowledge matters, and the goal is to give the government enough to see that the case is worth investigating.

Will my employer find out that I filed?

Because the case is filed under seal, the employer is generally not notified while the government investigates, and the relator’s identity is protected at that stage. The risks in any particular situation should be discussed with an attorney before filing.

How do I know if my qui tam case is worth pursuing?

Not every case is worth the time and expense, and part of my job is to evaluate honestly whether the facts are likely to interest the government and support a recovery. I can review the facts confidentially and advise whether pursuing a qui tam case makes sense.

How is the False Claims Act different from other whistleblower programs?

The False Claims Act covers fraud involving federal funds and lets private citizens sue through the qui tam mechanism. Other programs, such as the SEC program for false financial statements and the IRS program for tax fraud, cover different misconduct and follow their own procedures.

What if I am retaliated against for reporting fraud?

Federal and state laws protect whistleblowers, and the False Claims Act penalizes employers who retaliate (31 U.S.C. § 3730(h)), with remedies that can include reinstatement and double back pay. I cover this in depth on my whistleblower protection and illegal retaliation pages, and I can advise on protective steps before a case is filed.

How Do I Get Started?

The first step is a free, confidential consultation. Anyone who suspects fraud against a government program is encouraged to call Teller Law at (206) 324-8969, or to read more about working with a False Claims Act and qui tam lawyer.