Whistleblower Law (Qui Tam)

Qui tam generally refers to a claim made under the federal False Claims Act that allows for a private individual or whistleblower with knowledge of past or present fraud on the government to bring a lawsuit on behalf of the government. Its name is an abbreviation of the Latin phrase "qui tam pro domino rege quam pro seipse" which means "he who sues the king as well as for himself."

Qui tam, or whistleblower litigation, has become one of the most effective tools in combating fraud under federal and state laws. Qui tam laws date back hundreds of years to England and give private citizens the right and the financial incentive to retain a private lawyer to file a lawsuit to act in the place of law enforcement.

Clifford Law Offices represents people who have made claims under the False Claims Act whistleblower statute. These cases involve fraud in many areas including education, housing, construction, public housing, railroad and other transportation, health care and contracts. Sometimes it is an employee, but it is anyone with information regarding the fraud which can also be a competitor, a patient or a subcontractor. People, however, must have direct and independent knowledge of the fraud, not just a suspicion. This generally means documentation. Some examples of fraud against the government include:

• telecommunications fraud
• airport construction fraud
• roadway construction fraud
• education grant fraud
• energy contract fraud
• food and drug administration fraud
• postal fraud
• Medicare fraud
• military procurement fraud
• product substitution fraud
• utilities fraud

The Federal False Claims Act has proven to be one of the most effective laws in curbing fraud against companies and the federal government, in particular for Medicare, Medicaid and other subsidies such as defense contracts. The Federal False Claims Act provides an avenue for persons with personal knowledge of fraud against the federal government to report the wrongdoing with some assurance against their employers’ potential retaliation.

Qui tam provisions permits “original sources” or “whistleblowers” to file suit under seal, or in secret, on behalf of the U.S. government to collect damages for the government as a result of a false claim or contractor fraud. In appreciation for aiding the government with its suit and for revealing the information, the whistleblower is entitled to a proportion of the proceeds if the case yields a recovery. However, the whistleblower must comply with the specific procedures of the False Claims Act in order to be eligible to receive a portion of the recovery as an award.

When a lawsuit is filed, the False Claims Act also provides private citizens protection from their employers with an anti-retaliation provision which prohibits the retaliation, discharge or harassment of any employee as a result of filing such litigation against the employer. If the employee is fired as a result of such litigation, Section (h) of the law permits the whistleblower to also file a wrongful discharge suit for double back wages, attorneys fees and other damages incurred by the employee as a result of the employees’ wrongful discharge. Since 1986 the government has recovered more than $8.4 billion as a result of qui tam lawsuits with whistleblowers receiving rewards that total more than $1.4 billion.

Illinois, like the federal government, has its own whistleblower laws called the Whistleblower Act and The Whistleblower Reward and Protections Act. The laws under these acts have been strengthened as of Jan. 1, 2008. Illinois legislators have expanded existing whistleblower laws by increasing the protection and rewards earned by private citizens who report such fraud. Now Illinois whistleblowers may be entitled to 30 percent of the amount recovered, with the government now entitled to treble damages for the fraud in restitution and fines up to $10,000.

Like the federal government, Illinois also provides whistleblowers protection from retaliation from their employers for wrongful discharge after filing suit under Section 30 of the Whistleblower Act. Under Section 30, whistleblowers may bring a civil action against an employer “for all relief necessary to make the employee whole,” including but not limited to:

• reinstatement with the same seniority status
• back pay with interest
• compensation for any damages sustained as a result of the violation including litigation costs, expert witness fees and reasonable attorneys fees

The whistleblower attorneys, or qui tam attorneys, at Clifford Law Offices can provide consultation for persons believing they may have personal knowledge of fraud under the False Claims Act. The whistleblower lawyers at the firm also can help ensure that your rights are protected during any resulting litigation. If you believe you have personal knowledge of fraud against the government or a private corporation, you can seek legal counsel by calling Clifford Law Offices at 312-899-9090.

For a qui tam lawyer to assist you with the False Claims Act (also known as the Whistleblower Law), contact Clifford Law Offices of Chicago.