Qui Tam
California Qui Tam Laws
If you’re considering pursuing a Qui Tam (pronounced “key tam”) action in California, you’re taking a brave step in the fight against fraud, especially fraud against the government. Qui Tam cases are powerful tools that allow whistleblowers like you to expose wrongdoing and hold wrongdoers accountable. Here’s everything you need to know about Qui Tam laws, how to pursue a case, what you can recover if you win, and how to find the best lawyer to represent you.
Understanding Qui Tam Laws
Qui Tam actions are brought under the False Claims Act (FCA), a federal law that allows private citizens to sue on behalf of the government when they know of fraud being committed against it. California also has its own False Claims Act, which is similar to the federal law but applies to fraud against state and local governments.
In a Qui Tam case, you, as the whistleblower (or "relator"), allege that an individual or company has defrauded the government. The case is filed under seal, meaning it’s kept confidential while the government investigates the claims. If the government decides to join the case, it takes over the prosecution. If the government declines, you can still pursue the case on your own.
How to Pursue a Qui Tam Case
Gather Evidence: The first step in any Qui Tam case is to gather evidence of the fraud. This could include documents, emails, witness statements, or any other information that supports your claim. The stronger your evidence, the better your chances of convincing the government to join your case.
Consult with a Qui Tam Lawyer: It’s crucial to consult with an experienced Qui Tam lawyer before taking any action. They can help you assess the strength of your case, guide you through the complex legal process, and protect your rights. The lawyer will also help you decide whether to file under federal or state law, depending on the nature of the fraud.
File the Complaint: Your lawyer will help you draft and file a complaint in federal or state court. The complaint must be detailed and include all the facts supporting your claim. Once filed, the case is placed under seal, meaning it remains confidential while the government investigates.
Government Investigation: After the complaint is filed, the government will investigate the allegations. This investigation can take months or even years. During this time, you and your lawyer may be asked to provide additional evidence or testimony.
Government Intervention: After the investigation, the government will decide whether to intervene in the case. If the government intervenes, it will take over the prosecution. If the government declines, you can continue the case on your own, but it will likely be more challenging without the government's backing.
Litigation and Settlement: If the case proceeds, it could go to trial, or the defendant may choose to settle. Many Qui Tam cases are settled before reaching trial, especially if the evidence is strong. Settlements often involve the defendant paying a significant amount of money to the government to resolve the claims.
What You Can Recover if You Win Your Qui Tam Case
One of the most empowering aspects of a Qui Tam case is the potential financial reward for the whistleblower. If you win or settle the case, you can receive a portion of the amount recovered by the government.
Federal Qui Tam Cases: If the government intervenes in a federal case, you can receive 15-25% of the amount recovered. If you pursue the case without government intervention, you could receive 25-30%.
California Qui Tam Cases: Under California’s False Claims Act, if the state intervenes, you could receive 15-33% of the recovery. If you proceed without the state’s involvement, you could receive 25-50%.
The exact percentage depends on several factors, including the significance of the information you provided and the extent to which you assisted in the prosecution.
Finding the Best Qui Tam Lawyer
Given the complexity of Qui Tam cases and the high stakes involved, finding the right lawyer is crucial. Here’s how to find the best Qui Tam lawyer for your case:
Look for Experience: Choose a lawyer with significant experience in handling Qui Tam cases. They should be familiar with both federal and California laws and have a track record of successful cases.
Check Reputation: Research the lawyer’s reputation. Look for reviews, testimonials, and case results. A lawyer with a strong reputation in Qui Tam law is likely to be well-respected by peers and judges.
Consider Resources: Qui Tam cases can be resource-intensive, requiring extensive investigation and expert testimony. Choose a law firm with the resources to fully support your case.
Seek Personal Connection: You’ll be working closely with your lawyer, so it’s essential to choose someone you trust and feel comfortable with. They should be approachable, responsive, and committed to your case.
Free Consultations: Many Qui Tam lawyers offer free consultations. Use this opportunity to discuss your case, ask questions, and gauge whether the lawyer is the right fit for you.
Contingency Fees: Most Qui Tam lawyers work on a contingency fee basis, meaning they only get paid if you win or settle your case. This arrangement can be beneficial, as it aligns the lawyer's interests with yours.
Taking the First Step in Your Qui Tam Case
Pursuing a Qui Tam action in California is a bold and commendable move. Not only are you standing up against fraud, but you’re also potentially securing a significant financial reward for yourself. The road ahead may be challenging, but with the right lawyer by your side, you can navigate the complexities of the legal system and make a real difference.
Start by gathering your evidence, consulting with an experienced Qui Tam lawyer, and understanding your rights and options. Remember, you’re not just taking on this fight for yourself—you’re helping to protect the public from fraud and ensuring that justice is served. Find out if you have a qui tam case today with our fast, free, confidential, case evaluation.