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Who can be a plaintiff in a case violating the False Claims Act?

On behalf of Brewer, Pritchard & Buckley, P.C. posted in false claims/qui tam claims on Friday, June 15, 2018.

Business in Texas and across the nation has become so cutthroat with the goal of profit taking precedence over anything else – including a violation of the law – that there is a significant amount of wrongdoing taking place. People who work at a job where they believe there is fraud might want to become a whistleblower, but are unaware of how to inform the authorities of what is happening and if they can even be a plaintiff in false claims/Qui Tam Claims. While these issues are always serious, that does not mean that the company is guilty. Having legal assistance for a defense is key to combating the charges.

Knowing the circumstances under which a person can be a plaintiff in such a case is the first step toward becoming a plaintiff. When there is a belief that fraud is happening but it has yet to be disclosed publicly, anyone has the right to file a qui tam claim. This is true even if the person does not have personal knowledge of the fraud. For example, if the person learns that there was fraud by an employer in any way, it is possible to move forward with qui tam.

Should the fraud be publicly disclosed, it is still possible for a person to file a qui tam case if there is direct knowledge of what is happening and it is independent of what was publicly disclosed. The person having uncovered or been a witness to the fraud committed by the employer or anyone else who works at the company can bring a qui tam case. Public disclosure can vary. If it is in the media or printed, then it has been publicly disclosed. It can also constitute public disclosure should there be a separate lawsuit or revelation in a report or a hearing and the public is not privy to it.

For companies alleged to have taken part in behaviors that constitutes fraud, it is important to have legal assistance prior to moving forward with a defense of a false claims/Qui Tam Claims lawsuit. Contacting a law firm that is experienced in this area can provide help in crafting that defense. The investigation is key and many cases can be defended if an experienced law firm is contacted immediately.

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