“To see a wrong and not to expose it, is to become a silent partner to its continuance...” Dr. John Raymond Baker
Report Medicare Fraud at www.usawhistleblower.com
FREQUENTLY ASKED QUESTIONS ABOUT WHISTLEBLOWING
A.) What are Whistleblower Qui Tam and False Claims Act Cases?
Qui Tam is a Latin term for "he who sues on behalf of the king as well as for himself". Under the federal civil "False Claims Act" a private citizen can file a lawsuit in the name of the U.S. Government charging fraud by any healthcare entity that receives government funds under fraudulent terms. The citizen or whistle-blower is called the "relator". The relator is entitled to a reward of up to 30% of any funds recovered by the federal government. A healthcare provider that has made a false claim to the federal government may be liable for triple damages, a civil fine of $5,500 to $11,000 per false claim.
B. Will there be a charge to evaluate my qui tam case?
No. Claims are evaluated without charge. If you have a valid Medicare or Medicaid fraud claim a lawyer will represent you on a contingency fee basis. This means the lawyer and his law firm will be paid from a portion of the proceeds only if the case is successful. C. Will my qui tam case cost me any out of pocket money?
No. The lawyer will advance payment for all expenses including, hiring experts, travel costs, copying costs and litigation expenses.
D. Who will work on my case?
Every False Claims case is staffed by a former federal prosecutor with 20 years experience in investigating and trying federal fraud matters as well as an attorney who is also a Certified Public Accountant. Additional attorneys and forensic accountants work on the cases as needed.
E. Does WRN’s attorneys represent Whistleblowers in all 50 states? Yes.
F. Is it important to get my claim on file as soon as possible?
Yes. The False Claims Act contains a first to file provision that provides that the first plaintiff to file a qui tam suit setting forth a particular scheme will bar a later filing relator from recovering a reward. So the timing of filing a case can be of critical importance.
G. Is there a deadline for filing a Qui Tam Action?
Under the False Claims Act, an action must be filed within the later of the following two time periods:
Six years from the date of the violation;
Three years after the Government knows or should have known about the violation, but in no event longer than 10 years after the violation of the act.
H. Have I lost my right ro bring a Qui Tam action if I have already informed the government about the fraud committed by the potential defendant?
No. You do not give up your right to bring a qui tam action by going to the Government before filing your qui tam lawsuit. In fact, the False Claims Act encourages such a practice, and if you have not already done so, the attorney will do so on your behalf once he is retained.
I. Can I keep my identity a secret if I file a Qui Tam action?
If you file a qui tam action, the Government will know your identity, and your name will likely be disclosed to the Defendant at some point in the future, usually years later.
J. Do I have protection against my employer firing me or otherwise discriminating aginst me for blowing the whistle under the False Claim Act?
Yes. The False Claims Act contains a section that has become commonly known as the "whistleblower protection" provision. Section 3730 (h) of the Act provides that an employee who is discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under the False Claims Act, including preliminary investigation, is entitled to special protection. The protection afforded to whistleblowers includes reinstatement with the same seniority status such employee would have had, but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. It is not enough that the employee file or intend to file a Qui Tam action. The employee must show that his/her actions are the basis for the employer's retaliatory actions. The policy behind the provision in the Act is laudatory. Often, the employee within the company may be the only person who can bring the information forward. If he/she stands to lose his/her job, he/she may be unwilling to expose company fraud.
Thank you for visiting our website and remember as Dr. John Raymond Baker once said, “To see a wrong and not to expose it, is to become a silent partner to its continuance.”
J e s c o S e r v i c e s, L L C (J E S C O) created and maintains this website for the law firm of Kenney and McCafferty, PC located at 1787 Sentry Parkway West, Building 18, Suite 410, Blue Bell, PA 19422 USA. J E S C O is solely responsible for the contents of this website. J E S C O, usawhistleblower.com and Kenney and McCafferty, PC are not affiliated with the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), the Department of Health and Human Services, Medicare or Medicaid or the Internal Revenue Service (IRS). The pages on this website should not be construed to contain legal advice. The official website address to Medicare is Medicare.gov and the telephone number to the government's Medicare Fraud Hotline is 1-800-447-8477. If any copyrighted logos or photos are used on any page of this website, it is under the Fair Use Provision of the Copyright Act - §107 - "The fair use of a copyrighted work for purposes such as fraud reporting, news reporting, criticism, comment, teaching, scholarship, or research, is not an infringement of copyright".
