Frequently Asked Questions
Questions, answered.
A short primer on qui tam actions, the whistleblower programs that support them, and the protections available to people who report fraud. For the detail behind each answer, see the practice areas.
What is a qui tam action?
A qui tam action lets a private individual (a whistleblower, or “relator”) sue on behalf of the government to recover funds lost to fraud, and share in the recovery. The name comes from a Latin phrase describing one who sues on behalf of the king as well as for himself.
Which whistleblower programs does the practice handle?
The practice focuses on the False Claims Act and the specialized programs that parallel it: California’s Insurance Frauds Prevention Act and the SEC, CFTC, IRS, and Anti-Money Laundering whistleblower programs, along with retaliation and employment protections.
Can a whistleblower share in what the government recovers?
Yes. Each of these programs allows a whistleblower to receive a share of what the government ultimately recovers. The size of that share depends on the statute involved, the stage at which the government intervenes, and the value of the information provided.
Are whistleblowers protected from retaliation?
Federal and state law both provide protections. Federal protections appear in statutes such as the False Claims Act, the Sarbanes-Oxley Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act; California adds its own, including under the Labor Code. Those protections are a core part of this practice.
Does the practice work with other attorneys on referrals or as co-counsel?
Yes. Attorneys sometimes encounter a potential False Claims Act or whistleblower matter that sits outside their own practice areas. Qui Tam Law, P.C. works with those attorneys by referral or as co-counsel, bringing a former federal prosecutor’s perspective on how the government is likely to evaluate a case.