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Mar 1, 2021 by |

San Diego and California Whistleblower Attorney: The False Claims Act Is More Important Today Than Ever

ATTORNEY NEWSLETTER

Individual Whistleblowers Essential To Enforcement 

$62 Billion Has Been Recovered Through Private Whistleblowers Since 1986 

Whistleblower Rewards Average 20% Of Recoveries 

The modern-day Federal False Claims Act (FCA), 31 U.S.C.§ 3729 et seq., and its qui tam whistleblower provisions (The term for individual whistleblower suits) grew largely out of 1986 amendments to the FCA , which greatly broadened the reach of the FCA and opened the door for private citizens to initiate – and be rewarded for – bringing cases against government fraud.  It has been a fantastic success.  Prior to 1986, the government recovered less than $50 million a year under the FCA.  In the 10 years following 1986, the DOJ recovered $1 billion. Last year alone, the DOJ recovered more than $3 billion, more than two-thirds of which came from qui tam suits.  The total recoveries since 1986 are $62 billion, and this number does not include billions more recovered as related criminal fines and as Medicaid money returned to the states.  At a time when people question government efficiency and effectiveness, the FCA has a 20-to-1 return in fighting health care fraud. If you have credible information of fraud against the government including under Medicare, Medi-Cal or other government programs, call the San Diego and California whistleblower attorneys at Evans Law Firm, Inc. today at (415) 441-8669.

Successes Of The False Claims Act

The financial recoveries only tell part of the story of the success of private actions under the False Claims Act. In addition to recouping money, private actions have reformed corrupt industries, stopped unconscionable and illegal practices, and saved lives. As examples, False Claims Act cases have:

  • Made health care safer by rooting out adulterated prescription drugs and faulty medical devices being sold to an unsuspecting public;
  • Exposed corrupt military contractors selling substandard or flawed weapons systems for our troops;
  • Fixed faulty bulletproof vests;
  • Protected small businesses opportunities reserved for veterans and minorities;
  • Routed out illegal kickbacks and bribes to doctors and government officials; and
  • Obtained restitution and reform connected with the financial crisis and mortgage and securities frauds that tanked our economy in 2008.

Individual suits have continued to succeed even during the pandemic. In the last six months alone, successful FCA qui tam cases have recovered over $1 billion for taxpayers stemming from pharmaceutical, medical device, hospital, federal mortgage insurance, customs and import duties, kickback, bribery, energy contractor, cost data, pricing data and research grant fraud..

How Whistleblowers Bring Cases

The FCA permits private parties to sue on behalf of the government for false claims and to receive a share of any recovery.  31 U.S.C. § 3730(d). The whistleblower sues in the federal court, in any district where the defendant transacts business or where the fraudulent conduct occurred. 31 U.S.C. § 3732(a)(case “may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by [the FCA] occurred”).  The FCA also protects employees from employer retaliation for bringing a case.  31 U.S.C. § 3730(h).  Relief from retaliatory acts include reinstatement, double back pay with interest, other damages, and awards of attorneys’ fees and expenses for bringing your case. 31 U.S.C. § 3730(h)(2).  The San Diego whistleblower attorneys at Evans Law Firm can represent you in any claims for wrongful termination/retaliation in addition to representing you in your underlying qui tam case.

Contact Us

Ingrid M. Evans and the other San Diego whistleblower and qui tam attorneys at Evans Law Firm can be reached at (415) 441-8669, or by email to <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.  Ingrid and the other San Diego attorneys also handle bank fraud whistleblower cases under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), commodities and futures trading cases under the Commodities Futures Trading Commission Whistleblower Program, securities fraud cases under the Securities and Exchange Commission Whistleblower Program and FINRA Whistleblower Office and offshore tax evasion and other tax fraud cases under the Internal Revenue Service Whistleblower Office. 

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