Client: Laurie Robbins, P.A.
Copyright 2008 Laurie Robbins, P.A.
Qui Tam
In Atlanta, Georgia
Qui tam has become a very effective tool in combating government fraud. Latin for �whistleblower�, qui tam has armed the private citizen who possesses information about fraud with a way to prosecute those who attempt to cheat the government. The relator (plaintiff) is also entitled to a share of the award. Robbins & Associates of Atlanta, Georgia is experienced in dealing with qui tam actions and can help you in moving forward with your case.
Types of Qui Tam Cases
Cases filed as qui tam actions usually revolve around false claims that are presented to the government for approval and some form of payment. These false claims are generally submitted with false records and statements and other misrepresentations made to the government.
Mischarging Cases � These are the most common type of qui tam case filed. These cases involve filing false claims for goods and services that were not delivered or provided. An example would be a contractor charging for work on a contract that was not performed. Another example would be a charge for a physician performing medical services when in fact a nurse actually performed the service. The bill should have reflected the lower rate for the nurse�s work.
False Negotiation or Defective Pricing Cases � These involve the submission of false pricing and cost data to the government for reimbursement. The negotiation of this type of contract results in an inflated contract price.
Product and Service Substitution � This involves the substitution of falsely certified products and false testing schemes in order to use substandard supplies for contract jobs.
Who Can File a Qui Tam Claim?
Under the False Claims Act, the relator (plaintiff) files an action on behalf of the United States government. Types of relators able to file a case include:
� Employees who report their employers after repeated attempts to resolve the dispute internally. The act protects employees from employer retaliation.
� Former employees who have direct knowledge of fraud committed by their former employee. Many times the employee was terminated or quit while under duress while trying to report the claim internally.
� Competitors and subcontractors often have direct knowledge about a fraud being committed.
� State and local governments also have relator power in qui tam actions. This is often used to recover state and local revenue lost through dishonest contractors and medical providers.
� Federal employees who are obligated to disclose their knowledge of fraud. There continues to be a debate as to whether or not this is a conflict of interest.
In some cases public interest groups, private organizations and corporations may become qui tam relators. Before they can be involved in any action, it must be proven that they can meet �public disclosure� provisions of the law.
Whomever it is filing the qui tam action, it is important they are protected and that the details of the case are effectively investigated. Please contact Robbins & Associates of Atlanta, Georgia today for guidance.