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Frequently Asked Questions (FAQs)

 

 

  • What is a “false” claim?

    An inaccurate, deceptive, or misleading request for money or property if the government funds even a portion of the money or property requested.

  • Will there be a cost to me to have my case evaluated?

    No.  We will evaluate your case at no charge.  If we handle your case, it will be on a contingency basis.  No attorney fees are owed unless and until your case is successfully resolved, and those attorney fees will be paid by the fraudulent defendant.

  • Is it important to bring a lawsuit in a timely manner?

    Yes.  A qui tam lawsuit can be dismissed if another person files first setting forth the same allegations.  Generally, lawsuits must be filed within 6 years of when the false claim was submitted.

  • Do I have any protections from my employer if I file a qui tam lawsuit?

    Yes, any employee who is discharged, demoted, harassed, or otherwise discriminated against because of filing a qui tam complaint, or assisting in another’s qui tam case, is entitled to all relief necessary to make the employee whole, including:

     

           reinstatement to the same seniority

           2 times any back pay lost

           interest on the back pay 

         •  compensation for damages sustained

         •  litigation costs and attorney fees.

  • Can False Claim Act recoveries be substantial?

    Yes.  Total recoveries since 1986 amount to over $17 billion.  Recoveries are increasing each year.  Nearly $1 billion was recovered between October 1, 2005 and December 31, 2005 alone.
  • Do I have to bring my complaint to an attorney in my state?

    No.  Our firm can file your qui tam lawsuit in any federal court in which the defendant does business, resides, or can be found.   We will utilize our expertise, experience, and extensive network to decide where best to file your case.

  • Do states have statutes to combat fraud in state programs?

    Yes.  More and more states are enacting their own False Claims Acts, including:

    • California
    • Delaware
    • Florida
    • Georgia
    • Hawaii
    • Illinois
    • Indiana
    • Louisiana
    • Massachusetts
    • Michigan
    • New Hampshire
    • New Mexico
    • New York
    • Nevada
    • Tennessee
    • Texas
    • Virginia

    In appropriate cases, we pursue claims under both federal and state False Claims Acts.

     

  • Are there cities that have their own civil false claim statutes?

    Yes, at present both New York City and Chicago have civil false claim statutes.
 

 

 

 

 

The information you obtain at this site is not, nor is it intended to be, legal advice.  It is strongly recommended that anyone not currently represented by an attorney who is reading this page in an effort to understand the law involved in Qui Tam or False Claims Act lawsuits immediately seek experienced attorneys to evaluate, file and pursue, if appropriate, any potential case on your behalf.

Copyright © 2008 by Hirst & Chanler LLP. All rights reserved. You may reproduce materials available at the site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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