Blowing the whistle: how does a Qui Tam lawsuit work?

You work for a durable medical supplies firm and over the many years working for this company, you have accumulated proof and evidence that they are defrauding the government by over-invoicing and refunding kickback to their clients.

Under a Qui Tam (also called whistleblower) lawsuit you, the relator, can take the courageous step to stop a scam costing the government and taxpayers millions of dollars every year, but you are also likely to be handsomely rewarded with 15 to 20 percent of the amount saved by the government.

How does Qui Tam work? Is it not dangerous?

The following brief description will answer those questions:

Be the first: You are probably not the only one to know about the ongoing scam, but you should be the first one to see a Qui Tam lawyer and file a lawsuit. From that moment the court will allow you to go forward and will prevent other suits to be filed about the same fraud.

Let's not talk about it: Under the False Claims Act, the "in camera" lawsuit will be kept confidential between the relator (you), your lawyer and the court. The fraudulent company will ignore about the ongoing investigation until enough evidence and facts have been established.

Can they fire me? One major reason why scams can flourish over many years is that only a handful of employees are privy to the ongoing fraud, that these employees value their jobs and fear losing the job and its privileges. This is why the government not only offers a substantial reward to whistleblowers, but also protects them from retaliation. If the company were to fire you, demote you or strip you of benefits, you can immediately file an "anti-retaliation" lawsuit which will be strictly enforced and allows you to collect damages for back-pay and front pay until you have found suitable equivalent work. Most companies will think twice before taking action against you when they already have to cope with the Qui Tam suit.

Where does the government step in? After the investigation has collected enough facts and evidence to start the lawsuit, the government has a number of options:

Intervene: The government (a U.S. Attorney) takes over the litigation while the relator and his lawyer take a secondary position, occasionally being called to testify or assist.

Decline to intervene: The relator and his attorney prosecute the case in name of the government.

Dismiss: The case can be dismissed if the government is convinced that nothing fraudulent took place or can be successfully proven.

Settle: Often, the government will approach the fraudulent company and propose a settlement, saving time and for the company, legal fees and bad publicity.

A Qui Tam lawsuit is a very special and unique area of the law. Only a few, highly experienced law offices like Van Wey Law, are up to the task of handling nationwide health care fraud cases successfully, with positive results for the country's finances and high rewards for the whistleblowers.

Don't hesitate to call Qui Tam attorney Kay Van Wey now at 800-489-5082 or send us an e-mail for a FREE, no obligation and strictly confidential consultation.

Don't hesitate to contact Kay Van Wey at (800)489-5082 for a free, no obligation consultation.

Van Wey Law serves:

The entire state of Texas, including Dallas, Plano, Frisco, McKinney, Fort Worth, Austin, Houston, and San Antonio

The entire state of Oklahoma, including Tulsa and Oklahoma City

Chicago, Illinois and surrounding areas

The entire United States for health care fraud, “pill mill” cases, and dangerous pharmaceutical products