It is unusual for a False Claims Act case to go to trial, but it does happen. When a case goes to trial and the Relator and government prevail, the jury will determine the total amount of damage suffered by the government. Once the jury decides this number, the judge will treble it ...
The False Claims Act (FCA) authorizes qui tam actions by private parties, called “relators,” who sue on behalf of the United States. The government may intervene and take over litigating the case during the “seal period”—the window at the outset of the action d...
Dr. Polansky argues that the history, structure and text of the statute (in particular, section 3730(b)(4)) give the government a binary choice to take over the action or decline to do so, and, if the government declines, then the relator has an exclusive right to pur...
The fact that the government may choose not to intervene at one point does not divest them of their ability to intervene later and exercise significant authority over the relator. Implications: Crippling the False Claims Act Judge Mizelle’s decision seeks to end the historic success of the qui...
The article focuses on asserting counterclaims against False Claims Act (FCA) relators. Many qui tarn relators are current or former employees of defendants and in many cases the Relator's complaint are based upon documents and other materials. FCA defendants may have few litigation advantages and...
Act. According to the government, the company in fact had over 3,000 employees, it knew when it made the certifications that it was ineligible for the loan program, and the government later forgave the loan. The settlement resolved claims brought in aqui tamlawsuit, and the relator will ...
In order to represent the government’s interests, False Claims Act whistleblowers (called “relators”) must work with a lawyer. In fact, if the government declines to join the whistleblower’s case, then the relator and counsel can usually pursue the case on their own, on the government’...
Rewards for whistleblowers are clearly outlined in the False Claims Act. To qualify for a relator bounty you must file a qui-tam lawsuit. Simply informing the government of fraud is not enough. Once the case is settled the Government awards a percentage of the recovered funds to the plaintiff...
Allison O'Neil, Partner, Locke Lord Ryan DiSantis, Partner, Locke Lord Jeff Butler, Associate, Locke Lord Max Gessman*, Associate, Locke Lord On September 30, Judge Kathryn Kimball Mizelle held that thequi tamprovision of the False Claims Act (FCA) violates the Appointments Clause of the U...
In Short The Situation: Despite recently acknowledging the significant burden imposed by frivolous False Claims Act claims and affirming its statutory grant of power to dismiss meritless claims brought by relators, DOJ has maintai