Whistleblowers and the False Claims Act

Fighting fraud in Ohio and at the federal level

As much as 10 percent of the government's total budget is paid to companies or persons who defraud the government. But there is a way to stop perpetrators of this fraud.

Dating back to 1863, the Federal False Claims Act was originally designed to protect the government from the fraudulent suppliers of faulty munitions and equipment during the Civil War. Although it has been amended through the years, the law still stands. It provides private citizens with the opportunity to come forward, fight government fraud and win substantial money for themselves in the process.

Qui tam actions pay off while doing good

The False Claims Act provides a procedure called qui tam. Qui tam is an abbreviation of a Latin phrase that means who sues on behalf of the king, as well as for himself. A qui tam action allows citizens with evidence of fraud against the government to sue—using their own privately retained lawyers—on behalf of the government, to recover the stolen funds and penalties that can amount to three times the fraud itself.

The whistleblower shares in the proceeds

As compensation for the risk and effort of filing suit on behalf of the government, you as a citizen whistleblower may be awarded between 15 and 25 percent of the funds recovered. Sometimes the awards are substantial and whistleblowers get hundreds of thousands of dollars or more. Typical false claim cases charge that the government has been cheated as a result of actions involving:

• Product overcharges
• Billing for a service never performed
• Underpayment of money owed to the government
• Product bait and switch
• Fraudulent purchase of government property from someone who is not authorized to sell it

How it works

If you know of fraud against the government, I invite you to contact me so we can discuss the feasibility of bringing a qui tam action. If I accept your case, I handle it on a contingency fee basis and advance the expenses for investigation and preparation, meaning you owe me nothing out of pocket until it is settled.

Your court case is filed under seal, which means that it—and you—are kept secret in the initial phase. A U.S. Attorney's office investigates for 60 days and takes over cases if it is convinced they are worth pursuit by the government. If the U.S. Attorney's office declines to take the case at that point, we can continue to pursue the lawsuit on our own. Regardless of whether the government takes over the case or we continue it ourselves, you have a right to a portion of the proceeds in a successful settlement or recovery.

Protecting the whistleblower

I zealously protect my clients’ anonymity in these cases. This is especially important if you are employed by the company charged with the fraud. There are provisions in the 1986 amendment to the False Claims Act that are designed to protect you from retaliatory actions by your employer, and I can help ensure that they are enforced.

I can help you fight for what's right

Speak up under the protection of the law. Some of the cases I accept are handled on a contingency fee basis, which means you pay nothing until the Law Office of Marc E. Dann Co. LPA obtains a settlement or verdict in your favor. Contact me online or by phone at 877-810-9348. I offer weekend and evening appointments and look forward to discussing your situation with you.