A qui tam lawyer helps a whistleblower bring a False Claims Act case on behalf of the government, and can also protect you if your employer retaliates. Qui tam cases cover fraud against programs like Medicare, Medicaid, and government contracts. Kingsley Szamet Employment Lawyers represents employees, and this page is part of our guide to whistleblower protection.
What a qui tam lawyer does in a False Claims Act case
"Qui tam" is short for a Latin phrase meaning one who sues for the king and for himself. Under the federal False Claims Act, a private person can sue a company that cheats the government. That person is called a relator. The government can take over the case or let the relator pursue it.
A qui tam attorney reviews your evidence, decides whether the facts fit the False Claims Act, and files the case under seal. The lawyer then works with the Department of Justice while it investigates. We focus on the employee side, including retaliation after you report fraud.
How a qui tam case works
-
You find fraud against a government program, often at your own job.
-
Your lawyer files a complaint in federal court. It stays under seal, which means the defendant doesn't see it.
-
The Department of Justice investigates, often for months or years.
-
The government decides whether to take over the case, which is called intervening.
-
If the case succeeds, the court pays the relator a share of the money the government recovers.
Don't tell coworkers or the press about a sealed case. Doing so can hurt it.
What fraud does the False Claims Act cover
-
Health care fraud, such as billing Medicare or Medicaid for services that weren't needed or never happened.
-
Defense and government contractor fraud, including overcharges and false testing records.
-
Customs and tariff fraud, and false statements to win grants or loans.
-
Fraud in education, housing, and other government-funded programs.
The law has been in place since 1863. Today it is a major tool for recovering stolen money. In fiscal year 2022, the Justice Department reported more than $2.2 billion in False Claims Act recoveries. Over $1.9 billion of it came from qui tam suits, and the government paid more than $488 million to the people who brought them.
What a qui tam relator can earn
A successful relator receives a share of the recovery. The share is generally 15% to 25% when the government joins the case, and 25% to 30% when it doesn't. The court can also order the defendant to pay treble damages, which means three times the government's loss, plus a penalty for each false claim. Read about whistleblower settlement amounts for real examples.
These cases take time, and some end with no payment. Your lawyer should tell you that up front.
Retaliation protection for False Claims Act whistleblowers
The False Claims Act also protects you from retaliation. If you were fired, demoted, or threatened for reporting fraud or trying to stop it, you can bring a separate claim. Remedies can include reinstatement, twice your back pay with interest, and attorney's fees. These claims are often filed together with the qui tam case. Our guide to workplace retaliation explains the general rules.
Federal whistleblower programs at a glance
|
Program |
Who it covers |
What it offers |
|
False Claims Act |
Reports of fraud against the government |
15% to 30% share of the recovery, plus retaliation remedies |
|
SEC whistleblower program |
Reports of securities violations |
10% to 30% of sanctions over $1 million |
|
CFTC whistleblower program |
Reports of commodities fraud |
10% to 30% of sanctions over $1 million |
|
Sarbanes-Oxley Act |
Employees of public companies who report fraud |
Reinstatement and back pay if you're punished, with a 180-day complaint deadline |
|
Dodd-Frank Act |
People who report securities violations to the SEC |
Protection from retaliation, plus SEC awards |
The SEC paid its largest award ever in 2023, nearly $279 million. Most cases pay far less, so treat that number as the top, not the average.
Sarbanes-Oxley and Dodd-Frank protections
The Sarbanes-Oxley Act protects employees of public companies who report mail, wire, bank, or securities fraud. If you're punished, you generally must file a complaint with OSHA within 180 days. That is a short clock.
Dodd-Frank also protects whistleblowers, but the Supreme Court has said you generally must report to the SEC to qualify. A report to your boss alone may not be enough. This is one more reason to talk to a lawyer before you report.
Health care whistleblowers
Health care fraud is one of the biggest sources of qui tam cases. Examples include billing for unneeded procedures, changing patient records, paying kickbacks for referrals, and making false claims about drugs or devices. California adds its own protections for health workers. Health and Safety Code section 1278.5 protects workers in hospitals and similar 24-hour facilities who report unsafe patient care, and a firing within 120 days of your report can raise a legal presumption of retaliation. Business and Professions Code sections 510 and 2056 protect physicians and other licensed providers who speak up for patients.
California adds a second law
California has its own False Claims Act for fraud against state and local programs, and it also protects whistleblowers from retaliation. If you are looking for qui tam lawyers in California, our guide to California whistleblower protection explains how the state rules work with the federal ones.
When to talk to a qui tam lawyer
Talk to a lawyer before you report to anyone outside the government. Rules like the first-to-file rule and the public disclosure bar can end a qui tam case if someone else files first or the fraud is already public. Early advice can protect both your case and your job.
If you've already been fired or demoted for reporting fraud, call right away. Retaliation claims have their own deadlines.
Why employees choose Kingsley Szamet
Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. You can read more about Kelsey Szamet on her profile. If you're wondering about fees, read how much employment lawyers cost.
Frequently asked questions
What is a qui tam lawsuit?
It's a case a private person files on the government's behalf under the False Claims Act. The person is called a relator. If the case succeeds, the relator can receive a share of the money recovered.
How much do qui tam whistleblowers get?
Usually 15% to 30% of what the government recovers. The share depends on whether the government takes over the case and how much you helped.
Do I need a False Claims Act lawyer to file?
Yes. A relator who is a private person generally can't file a qui tam case without a lawyer. The filing rules are strict, so get advice before you tell anyone.
Can I be fired for filing a qui tam case?
Your employer can't legally punish you for it. If it does, you can bring a retaliation claim for reinstatement, double back pay, and attorney's fees.
Is it a qui tam if I only report to the SEC?
No. An SEC report falls under a different program, with its own rules and rewards. A lawyer can help you pick the right path.
How much does a qui tam attorney cost?
At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.
Contact Kingsley Szamet Employment Lawyers
Call (818) 990-8300 to talk about what you saw and what happened after you reported it. You can also schedule a free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.
