Whistleblower Claims (Qui Tam)

The False Claims Act: Non-Legal Requirements to Consider

You must meet both legal and non-legal requirements in order to pursue a successful False Claims action.  An experienced Evansville False Claims Act attorney can discuss with you whether your claim meets the legal criteria necessary to pursue a claim under The False Claims Act.  In addition to the actual legal requirements, there are non-legal aspects that should be considered before pursuing a claim.  Here is an overview of some of those non-legal elements that you and your Evansville False Claims Act attorney should evaluate before making the decision to move forward.

The dollar amount of the falsely claimed activity must be sizable enough to be worth pursuing.  In addition, there must me a good possibility that the money can be recovered.  Fraudulent activity that resulted in a very small windfall to the business entity unfortunately will not be worth the time and cost of pursuing.  The assets or insurance policies of the business entity must be substantial enough to pay back the fraudulently acquired monies and penalties.  You should discuss with an Evansville False Claims Act attorney whether the fraudulent activities you are aware of are substantial enough to warrant pursing a False Claims action.

Also, the quality of the evidence must be evaluated to see if it is likely to be sufficient enough to prove a false claims case.  False claims frauds are often complicated and technical. The more access the whistleblower had to tangible documents such as faulty records and documents, the better.  It is not enough to just know a fraud is being committed.  The whistleblower typically needs to be in the “inner circle” of the fraudulent activities.  That is the nature of these cases.  While the books and records may appear in order to the untrained eye, the insider knows specifically how the fraud is occurring, and how to prove it.   You will need to discuss with an Evansville False Claims Act attorney whether the information and evidence you have is sufficient to pursue a False Claims action.  If it is, in a majority of cases, the federal government will join you in pursuing the action.  When that occurs, the likelihood of it succeeding is great.

Contact Lane Siesky, an experienced Evansville False Claims Act attorney, today at (812) 402-7700 for a free initial consultation to discuss your false claims matter.