Qui Tam CenterCall us now or use the form below. The United States government does billions of dollars of business with private citizens. The vast majority of the parties who contract with the government are honest, fair dealing business people. Unfortunately, a significant number give in to the temptation to cheat, and defraud the government by over billing, charging for services never provided or goods not delivered, or by disregarding their contractual obligations. Fraud in contracting hurts those who rely on the integrity of government contracts. If you know about fraud, contact an attorney to discuss taking action. Frequently Asked Questions about Qui TamQ: What is a "Qui Tam" action? A: Qui tam (from the Latin qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "who as well for the king as for himself sues in this matter") is the traditional name for a civil lawsuit brought by a private party, arguing that the government (rather than the private party) has been harmed by the defendant's actions. If the private party wins, the monetary award is divided between the private party and the government. Under the federal False Claims Act, which prohibits fraud against the government, the private party may receive up to 30 percent of the amount recovered. Q: Why doesn't the government bring qui tam actions? A: Laws that allow qui tam actions are designed to encourage private parties with unique information to come forward, thereby recovering funds that the government otherwise might have lost. The government is notified of qui tam actions and has the opportunity to participate in them. Qui tam is a provision of the federal Civil False Claims Act that allows a private citizen to file a suit in the name of the U.S. Government. Through a qui tam suit, a private individual charges fraud by government contractors and other entities that receive or use government funds. In the Cincinnati area and beyond, Ohioans look to experienced lawyers such as the attorneys of The Law Office of Marc Mezibov, for assistance, advocacy, and representation in bringing a qui tam lawsuit against their employers or other organizations. Qui Tam - An OverviewIf you have information that a company or individual has defrauded the federal government, you may be able to file a lawsuit known as a qui tam action. A qui tam action helps the government recover money that has been lost due to false claims and fraud. The individual who brings the qui tam action receives a percentage of the monetary award if the defendant is found liable to the government. If you have knowledge of fraud against the government, seek legal counsel from an experienced attorney. Bringing a Qui Tam ActionUnder the federal False Claims Act, an individual with knowledge of misconduct can file a qui tam action. A qui tam action alleges that a false claim has been submitted to the government. False claims include knowingly overcharging the government for products or services; charging for services that were never provided; selling something and not delivering it; making false reports about the quality of a product; failing to properly test a product; or another scheme intended to cheat, defraud or steal from the government. When a private individual initiates the case, the complaint is filed "under seal." This means that the contents of the complaint are not released to the public for a period of time. A copy of the complaint is provided to the government and remains confidential for at least 60 days so that the government can complete an investigation. If the government then decides to participate in the case, federal attorneys will become involved. If the government does not intervene, the individual who filed the case usually can continue without the government, although the government retains the right to get involved at a later time. Penalties and Damages in the Qui Tam CaseThe defendant will be held liable if the judge or jury finds that a false claim was submitted with the knowledge that it was false; in deliberate ignorance of the truth or falsity of the claim; or with reckless disregard of the truth or falsity of the claim. The defendant will have to pay penalties and treble damages (triple the amount of damages the government sustained because of the defendant's acts). The court may also order the defendant to pay the costs, expenses and attorney's fees incurred in bringing the lawsuit. Award for Bringing the Qui Tam ActionThe False Claims Act includes an incentive for filing a qui tam action. The person who brings the action is usually entitled to receive 15 to 30 percent of the recovery. The exact amount depends on the circumstances of the case and the decision of the court. ConclusionQui tam actions serve important governmental and public interests. They encourage anyone with knowledge of misconduct to protect the public treasury and the integrity of government contracts. If you know of fraud or dishonesty in a contract with the government, contact a qui tam litigation attorney. Copyright ©2007 FindLaw, a Thomson Business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |
