How Can I File A Whistleblower Lawsuit Under the False Claims Act?

November 19, 2018

Whistleblower Lawyer Chicago, IL

Under the False Claims Act (FCA) you are not permitted to file a lawsuit without the use of a whistleblower law firm.  Just like you wouldn’t try to do your own surgery, filing your own lawsuit is generally a foolish idea, and is in fact prohibited under the FCA.

The False Claims Act generally involves the reporting of illegal activities conducted by a facility or particular person, which causes the government to suffer a loss of funds. There are many types of whistleblower cases that can be reported and filed since fraud against the government, and federally funded programs occur in various industries, such as Medicare Fraud, Medicaid Fraud, Defense Contractor Fraud, Contract Fraud and Education Fraud.  Almost any type of economic fraud against the government can be remedied with the False Claims Act. A whistleblower case, which can also be referred to as a Qui Tam lawsuit, is initiated after a person with information exposing the fraudulent activities comes forward with appropriate evidence in the correct manner by filing the lawsuit under seal with a disclosure statement with the use of qui tam counsel.

What Information Qualifies for Whistleblower Cases?

Individuals who witness illegal activities at their workplace are not always sure whether they may qualify as a whistleblower and if the evidence they may be able to collect would be eligible for the filing of a case under the various statutes such as the False Claims Act (FCA). Understanding the qualifying criteria for these cases is important to help individuals, including employees, know if they can come forward, how they can come forward, and what procedures need to be followed.

Generally, a whistleblower is a person who is an insider who is in the position to blow the whistle using their detailed information regarding the illegal conduct at the company.  People from all different positions have filed whistleblower cases that succeeded, the core information is if the business interfaces with the government, and how it is defrauding the government.  The bulk of whistleblowers under the FCA are people in the medical field, like Doctors, Nurses, CNAs, Hospital Administrators and other Health Care Workers. But almost anyone who has inside information about fraud against the government can serve as a whistleblower, including, bookkeepers, executives, sales consultants, tax consultants, assistants, receptionists, and office or inside workers.  The issues of attorney-client privilege still attach so professionals like lawyers and accountants may be precluded from blowing the whistle in certain circumstances.

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For a lawsuit to qualify as a whistleblower case under the FCA, the first important fact to establish is that these cases must be related to a party committing fraud that is adversely affecting the government.   There are other types of whistleblower statutes for other types of frauds, but the most successful ones in recent years have been the False Claims Act which requires the use of a False Claims Act Lawyer, the SEC Whistleblower Provisions, the CFTC Whistleblower Provisions and various state qui tams like Illinois False Claims Act and California False Claims Act, which also provide for relief against frauds against private insurance companies.

Examples of a False Claims Act fact pattern is as follows.  A hospital or a nursing home who bills Medicare or Medicaid for an extra night for its patients when they have already been discharged., a Defense Contractor who allows faulty parts to go to the government and certifies they are compliant and knows they are not, and a Pharmaceutical Sales Representative who knowingly promotes a drug for off-label purposes which can be its own topic about how the government is harmed.


Fraud occurs in the healthcare industry, as well as many other industries. If you think you have information regarding your employer defrauding Medicare, Medicaid or committing other types of fraud, you should speak with a whistleblower lawyer Chicago, IL trusts at Brown, LLC – who offers free, confidential consultations nationwide, and is only paid if they win your qui tam lawsuit.