Posts Tagged ‘false claim’

Three Important Rules which False Claims Act Attorney Must Know

September 29th, 2017

The False claim act is specially designed to help people, who witness fraud on the government and unsure about how to blow a whistle. The FCA initially was created to fight government fraud in the defense industry during the Civil War. This act was signed into law by President Abraham Lincoln. This law is known by the named after Lincoln, ‘Lincoln law’. Later, it became one of the primary laws used by the private citizens to file whistleblower lawsuits having direct knowledge of government fraud.

The cases of False Claims Act are very complex. It is very important to seek the legal advice of experienced False Claims Act attorney before filing any whistleblower complaint. Since these cases have many technical rules which are important for you to follow, there are three important rules every whistleblower should have a brief idea about. Let us take a look at them:

  • The FCA whistleblower complaint must be confidential, i.e., your case must be filed on a secret docket in the correct federal district court. When your case is under seal, you cannot disclose any information related to the complaint except the federal government. If the seal is violated, your complaint can be dismissed.

  • False claims act attorney must file FCA whistleblower complaints. The reason being when you file an FCA whistleblower lawsuit, you are representing the government and the government cannot be represented by any non-lawyer. If False Claims Act attorney does not file whistleblower complaint, then your complaint might get canceled.

  • The FCA whistleblowers must confidentially serve the Justice Department with a disclosure statement when filing an FCA whistleblower complaint. A disclosure statement containing all evidence is presented to the federal government so as to decide if it should join your whistleblower lawsuit. If you do not serve the Justice Department with a properly drafted disclosure statement, your complaint can be dismissed.

In addition, False Claims Act attorneys are skilled enough to address the challenges that come while serving an active False Claims Act case. The professionals can run FCA cases parallel to criminal investigations, agency investigations, congressional inquiries, etc. However, Federal and State False Claims Acts has been the most successful weapon in combating fraud against taxpayers

Therefore, if you are looking for a team of experienced False Claims Act attorneys to take over the FCA case from the very first, you should ensure that you follow the False Claims Act’s whistleblower rules and receive whistleblower protection.