What is the Likelihood of Winning my Qui Tam Case?

The likelihood of winning your qui tam case depends on a number of factors that are different for every case. The factors include:
  • 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.

Ask an Attorney

Feel free to ask a legal questions that you would like answered. Your question will go directly and only to Deskin Law Firm, a professional law corporation. Deskin Law Firm will contact you directly to discuss your situation, usually via telephone, so please provide multiple ways to reach you via phone. Your situation will be kept confidential. There is no cost to discuss your situation and no attorney-client relationship is created by simply filling out the form and sending it.

Please type your first and last name.

Please type your area code and phone number.

To most effectively be able to reach you, please type another phone number where we may be able to reach you.

Please type the city and state (and country if outside the USA) that you live in.

Please type your email address and check it to make sure it is correct.

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
11 + 9 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.