Strengthening Your Qui Tam Case: Tips from a Tricare Fraud Attorney

If you think that your current or former employer is committing fraud against the government, you have a right to file a Qui Tam lawsuit and receive a percentage of the amount the government recovers. Like any other lawsuit, you need to know the steps to take to ensure that you are filing a successful case, and the following tips from a Tricare fraud attorney can help.

• Act Fast

Qui Tam cases may be dismissed if someone files a similar case before you. It can also be dismissed if the details of the fraud become available to the public before you file your case unless you are the original source. Besides, there are a few limits on the duration of filing False Claims Act lawsuits. For instance, most jurisdictions require you to file False Claims Act lawsuits within six years from the date you believe the fraud was committed. So, to increase your chances of filing a successful Qui Tam case, you need to act fast.

• Keep it confidential

All Qui Tam cases are often filed under seal, which implies that the details of the claim are kept secret until the government completes its investigations. So, if you are filing a Qui Tam lawsuit, it is your responsibility to keep it as confidential as possible. Never share the details of the case with anybody other than your attorney.  Discussing the case details with another party may lead your employer to interfere with proof of any misconduct, which will ultimately weaken your allegations. Sharing the details of a Qui Tam lawsuit may also lead to another person filing the case before you.  

• Gather enough legal evidence

To successfully file a Qui Tam lawsuit, you need to gather enough evidence of wrongdoing, most of which may not be available to the public. When you file a whistleblower lawsuit, you are required to provide the government with a copy of the complaint as well as the disclosure of all the evidence that you may have regarding the allegations. You are expected to have legitimate possession and custody of any type of evidence that you provide.

While you need documents, work emails, and other items to support your allegations, you are not expected to hack somebody’s computer or break into your employer’s office to gather additional evidence. So, any evidence that you plan to use should be obtained during the normal course of your business. It is advisable to gather evidence quietly and keep proof of meetings, transactions, conversations or meetings of instances where you believe the fraud activities were discussed. Strive to keep records of logs of such events in a safe place and share with your attorney copies of your notes or files.

• Choose the right Tricare fraud attorney

The Federal False Claim Act is complex and detailed. To have a good chance of being successful, you should ensure that the lawyer you hire has extensive experience in filing and litigating Qui Tam and related cases. Some attorneys tend to promise clients huge monetary awards to sell their services, but, in reality, don’t understand the intricacies of Qui Tam, Tricare defense, and other unique lawsuits to keep their promises.

The law firm you plan to partner with should have adequate resources to take a Qui Tam case as the process can be lengthy and may require the attention of multiple lawyers at a given time. If possible, work with law firms that have a close relationship with the government because there are high chances of winning a Qui Tam lawsuit if the government chooses to join the suit. Besides, ensure that the law firm you plan to work with is ready to play an active role in the lawsuit. Remember that you are a party to the lawsuit and your lawyer should be ready to participate and contribute to the litigation.

The Bottom line

Qui Tam cases are complex and detailed in nature, so you need to prepare yourself adequately to be successful. Hopefully, the above tips will help you file a stronger Qui Tam case and boost your chances of success. Most importantly, always remember to hire an attorney or a law firm that has handled Federal False Claim Act lawsuits before. When you work with experienced attorneys, you can feel confident that you are in capable hands and that you will get the best outcome for your case.