Whistleblower law stands at a crossroads of public integrity, federal enforcement strategy, and individual courage. As new industries, such as telehealth and cryptocurrency platforms, interact with federal funding and regulation, opportunities for fraud have become more sophisticated. In response, the False Claims Act’s qui tam provisions remain central to uncovering misconduct that federal agencies cannot detect on their own.
Yet for individuals who witness wrongdoing, the decision to step forward is rarely simple. Here are some of the most common questions about pursuing a qui tam lawsuit for whistleblowers, including those about legal doctrine, procedural expectations, and emerging issues shaping modern FCA practice.
What Is the False Claims Act and Why Does It Matter?
The False Claims Act (FCA) is one of the oldest federal fraud statutes, originally enacted during the Civil War to combat fraud by defense contractors. Today, it is responsible for billions in annual recoveries, with whistleblowers accounting for the majority of successful actions.
Under the FCA, any person who knowingly submits false claims for government payment or knowingly avoids paying money owed can be held liable. The “knowingly” standard includes actual knowledge, deliberate ignorance, or reckless disregard.
Importantly, the law deputizes private individuals to act as civil enforcers. By allowing a whistleblower to file suit on behalf of the government, the FCA transforms ordinary employees,...
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