What is the Likelihood of Winning my Qui Tam Case?

The likelihood of winning the qui tam case depends on a number of factors, including:

  • The amount and nature of your knowledge and documentary evidence - whether you have first hand information or you have heard rumors;
  • How clearly false and how clearly intentional the alleged improprieties are given the applicable laws, regulations, cases, advisory opinions and intermediary letters, and other similar materials;
  • The extent of the fraud - is it local or national;
  • The pervasiveness of the fraud and the amount of damages;
  • Whether the company would be able to pay any damages that are due;
  • Whether you, as the relator, are “pushing the envelope too far;"
  • Who you are in relationship to the company committing the fraud; and
  • Your motives in bringing the case.

Because the False Claims Act has a monetary reward, it openly encourages whistleblowers to come forward to expose fraud. Your financial motivation is not necessarily frowned upon, although this can be problematic if your motivation to bring a qui tam action is to use it as leverage in an employment dispute, as a weapon in a dysfunctional work environment, or for harassing purposes. The government frowns on relators’ misuse of the statute this way; furthermore, if the government declines intervention and the defendant prevails, the court may award defense costs and attorney fees if it finds the suit was filed for improper, vexatious, or harassing purposes.

An Attorney Will Review of Your Potential Qui Tam Case

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Please briefly describe a false claim that was made to the government.

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Please estimate the dollar amount that the government has paid that it should not have paid to the best of your ability