In a qui tam lawsuit, a private citizen sues in federal court on behalf of the government against persons engaging in an activity such as fraud against the government. The individual, called the relator, sues in spite of the fact that the individual has not been personally injured by the illegal activity at the heart of the qui tam lawsuit.
Qui tam cases usually involve fraud on federal government programs, including schemes by individuals and large companies and institutions to defraud Medicare and Medicaid by engaging in activities such as overbilling or filing false claims.
Qui tam suits are brought under the False Claims Act and allow an individual who has evidence of fraud to file a claim and be awarded a portion of the recovered funds. Billions of dollars are at stake in areas such as health care fraud. Pharmaceutical companies, labs, and hospitals that engage in illegal billing for services, supplies, or drugs can be the subject of a qui tam lawsuit by an employee who discovers the fraudulent activity.
The government uses a first to file rule so that the first person to file suit against the party defrauding the government is the only party entitled to the reward under the qui tam suit. For this reason it is important to file quickly if fraud is present.
If you file a qui tam lawsuit you are protected from retaliatory action by your employer. Contact New Jersey employment lawyers for help with all employment law issues.