An attorney should be retained before reporting financial fraud on the federal government under the False Claims Act (FCA). Otherwise, an employee may not receive certain protections or monetary rewards. Such rewards may be up to 30 % of the government’s recovery. Note: the government does NOT represent the employee’s legal interests.

Specifically, under the FCA, an attorney can protect an employee’s rights by:

1. Filing a Qui Tam Lawsuit: The FCA allows private employees to file lawsuits on behalf of the government when they have knowledge of financial fraud being committed against the government. This is known as a qui tam lawsuit. An attorney can help file a qui tam lawsuit and provide guidance throughout the process, including advice on gathering evidence to support a case.

2. Protecting Against Retaliation: The FCA includes provisions to protect whistleblowers from retaliation by their employers. An attorney can explain how to assert such rights.

3. Negotiating a Settlement: If a qui tam lawsuit is successful, an employee may be entitled to receive up to 30 % of what the government recovers. An attorney can negotiate a fair settlement and ensure that an employee’s rights are protected.

4. Representation in Court: If a case goes to trial, an attorney will represent the employee in court and advocate for the employee’s rights.

Overall, legal representation is essential in protecting employees’ rights under the False Claims Act. An experienced attorney can help navigate the legal process, protect employees from retaliation, negotiate a fair settlement, and advocate for employees in court.

False Claims Act Settlements and Judgments Exceed $2 Billion in Fiscal Year 2022