Miller Law Group represents whistleblowers in qui tam claims under the both the federal False Claims Act and the North Carolina False Claims Act.
The False Claims Act was enacted to allow “private persons, known as ‘relators,’ to bring actions to recover damages on behalf of the United States.” United States ex rel. Wood v. Allergan, Inc., 246 F. Supp. 3d 772 (S.D.N.Y. 2017).
The relator initiates the claim by filing a lawsuit under seal, and the government, through the Department of Justice, is given the opportunity to intervene in the lawsuit.
If the government chooses to intervene, the relator may be eligible for an award of up to 25% of any recovery. The federal False Claims Act and the North Carolina False Claims Act also protect whistleblowers from workplace retaliation by their employers.
Prior to reporting the fraud, it is crucial for whistleblowers to speak with an experienced whistleblower lawyer. The False Claims Act has specific requirements that must be followed before a whistleblower is eligible for an award.
The False Claims Act imposes liability when a person or company:
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; and or
(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.
If you are considering on becoming a whistleblower, contact Miller Law Group for a free consultation, or call 919-348-4361.
