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Qui Tam

Qui Tam cases typically arise in the context of false claims against the Medicare program, and false claims submitted by government contracts.


Any person with firsthand knowledge of false claims against the government may bring a false-claim suit. If the suit is based upon the publicly disclosed information, or if the relator is the original source of that information, the suit may not be possible. Generally, a Qui Tam case may take between three and five years to litigate.

Typically, Qui Tam cases, based upon the False Claims Act, can be categorized into five major milestones:

  1. The "Relator" is the party who alleges the fraud and files a complaint under seal. The defendant must not be served, and the United States Department of Justice (DOJ) must be provided with all the facts in the relator's possession in the form of a disclosure statement.
  2. The venue or forum is Federal District Court for any district in which the defendant is doing business, or is a resident.
  3. Qui Tam cases remain under seal for an average of 18 to 24 months while the matter is investigated by the department of Justice and the FBI.
  4. The DOJ may decline to take over the case, in which event the relator may pursue the case on his/her own. The relator's portion of the recovery, in the event the DOJ declines to participate, is between 25 and 30% of the amounts collected from the defendant.
  5. Alternatively, the DOJ may take over the litigation, in which event, the relator's recovery, collected by the government, would be between 15 and 25% of amounts collected from the defendant. The relator is entitled to attorney fees if the government prevails.

    Statistics from the DOJ as of October 14, 1997

    Total F.C.A. amount recovered when there is an associated Qui Tam case due to the end of fiscal 1997: $181 Billion

    Total F.C.A. amount recovered by DOJ in cases that it entered or pursued:
    $1.8 Billion

    Total amount recovered in cases declined by DOJ: $31 Billion

    Average F.C.A. recovery in Qui Tam cases where there has been a recovery:
    $7.2 Million

 


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