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Whistleblowers and Qui Tam

Under both the federal and New York State False Claims Acts, an employee may be able to employ a whistleblower lawyer file a lawsuit against an employer to protect the government’s interest when the employee believes the employer has committed a serious crime or defrauded the government by:

  • submitting false or inflated invoices to the government;
  • violating the law in performing a contract with the government; or
  • violating a government regulation when there is a penalty for violating the regulation.

This type of lawsuit is called qui tam. When a whistleblower lawyer files a qui tam action, it is on the employee’s behalf as well as on behalf of the government. The government (federal or state) may eventually become an active party to the lawsuit. If the qui tam case is successful, the employee bringing the suit will be entitled to a percentage of the penalty assessed as a reward for helping the government recover.  Employees who file qui tam action are whistleblowers protected from retaliation by the provisions of the Whistleblower Protection Act of 1989. A qui tam action is not available in situations where the fraud or violation is already public knowledge—that means you cannot report the violation to the government and maintain a qui tam action.

How do I know if I have a qui tam action?

I think I have a qui tam claim

How do I find a whistleblower lawyer?

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