We Work With Whistleblowers To Expose Fraud Against The Government

Seattle Qui Tam Whistleblower Lawyer

Blowing the whistle is an act of bravery. Many workers are afraid to speak out against their employers, despite the fact that it is a legal course of action when fraud or other types of wrongdoing occur. Employees who dare to do so often need legal representation afterward; their careers may depend on it.

At Weinstein Caggiano PLLC in Seattle, we are devoted allies of whistleblowers. Our lawyers have over a half-century of experience standing up to big companies. We can help whistleblowers across many industries.

If you have blown the whistle on your employer or are considering filing a qui tam lawsuit, turn to us for protection. We will apprise you of your rights and will defend them with our considerable experience and commitment to clients.

Are Whistleblowers Protected By Law?

Stories about whistleblower retaliation may make those who speak out fear for their employment, their freedom and, potentially, their safety. Whistleblowers are, by law, protected from retaliation. Yet employers may try to retaliate against whistleblowers by:

Demoting them
Firing them
Reassigning them to a less desirable position
Reducing their hours or pay
Hindering their career advancement

If your employer has engaged in any of these tactics after you exposed workplace wrongdoing, contact one of our whistleblower lawyers. We understand the state and federal protections afforded to whistleblowers, and we will use these to safeguard you against your employer’s adverse actions. Worried about you and your family’s privacy? Know that cases can be brought under seal to help protect your identity.

Qui Tam Whistleblower Frequently Asked Questions

What is Qui Tam?

The Latin phrase “qui tam” is actually an abbreviation for “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “Who brings the action for the King as well as for himself.” The concept was originally developed in England but first used by lawmakers of the United States, who included “qui tam” provisions in ten of the first fourteen American statutes imposing penalties. In 1863, our Congress passed the False Claims Act during the American Civil War.

What is a Qui Tam Lawsuit?

A qui tam lawsuit, also known as a whistleblower lawsuit, is one brought under the U.S. False Claims Act (FCA). The FCA is a law that rewards whistleblowers in successful cases where the government recovers funds lost to fraud. Initially, a qui tam lawsuit is brought under seal by a private individual or entity (known as the “relator”) on behalf of the government and the government then has the chance to investigate the case. The government will decide whether to assume primary responsibility for the litigation, or if not, the whistleblower can then proceed on the government’s behalf. To incentivize the reporting of fraud against the U.S. Government, whistleblowers will be rewarded for raising successful lawsuits by getting to keep a portion of the proceeds recovered on behalf of the government.

What Constitutes a Violation of the False Claims Act?

The FCA imposes liability for a variety of false or fraudulent acts perpetuated against the U.S. Government. 31 U.S.C.S. Sec. 3729(a). Examples of FCA violations include the knowing presentation of a false claim for payment, using a false statement or record to get paid by the government, or concealment of an obligation to pay or transmit money or property to the government.

How Do I File a Qui Tam Lawsuit?

Any individual, business or partnership with information about fraud committed against the U.S. government may become a whistleblower and bring a qui tam lawsuit. Typically, these cases are brought by an employee of the company committing the fraud, but it can also be a competitor, contractor, or anyone else who has information about the fraud committed. The individual(s) bringing the lawsuit are known as the relator.

To initiate the process, the relator files the complaint in a United States District Court. The complaint will be filed under seal for at least 60 days, and all information contained within the complaint must be kept confidential from outside parties during that time—including the defendant at issue. The relator must also serve the complaint and a written disclosure statement upon the United States Government. The U.S. Government will then investigate the allegations and decide whether to intervene in the lawsuit and assume primary responsibility for the litigation. Note that at this point the qui tam case is generally unsealed, so that the complaint and underlying allegations become public and the defendant becomes aware of both the allegations and the whistleblower’s identity.

The FCA mandates that a whistleblower must have an attorney to file a qui tam case. A qualified qui tam attorney will help you prepare a comprehensive complaint and written disclosure statement to initiate the litigation process.

How is a Qui Tam lawsuit different from most other civil cases?

There are several differences between a qui tam case and another civil case. In a qui tam case, you have to present more information in the complaint and disclosure statement than a typical civil case. These cases are also brought initially by a third party on behalf of the Government, instead of being brought by the person who is being directly harmed. Because of that, the cases are originally filed under seal and preliminarily reviewed by the U.S. Government. The U.S. Government also has the right to intervene in the case at any point in time, which is also quite different than other civil cases.

Can I Be Fired As A Qui Tam Whistleblower?

Whistleblowers who suffer from retaliation in a qui tam lawsuit may sue for reinstatement, double back pay, and additional damages when appropriate. The FCA prohibits retaliation for those filing a qui tam action or for attempting to stop violations of the FCA in order to incentivize the report of violations. Those who file qui tam lawsuits are covered under the FCA, and it covers company employees as well as independent contractors and agents.

Do I Qualify as a Qui Tam Whistleblower?

To qualify as a whistleblower under the FCA, there are several requirements to meet:

Original Information: The whistleblower must bring forward non-public, original information about the fraud being committed against the government. This information should not already be known to the government from the media, the public, or other sources.
Voluntary Disclosure: The whistleblower must voluntarily provide the information to the government.
Substantial Contribution: The whistleblower’s information that it provides to the government must amount to a “substantial contribution” to the successful prosecution of the Government’s case.
Timeliness: The information must be disclosed by the whistleblower in a timely manner, adhering to statutory deadlines to ensure that the case can proceed.

Also keep in mind that an important factor for the government in reviewing these cases is whether the fraud committed is material enough to pursue.

What Does the “First to File” Mean?

The FCA contains a provision known as the “first to file” provision, which states “No other person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” In effect, this means that whoever files the potential lawsuit first is the only person with a right to compensation under the FCA.

We Will Defend Your Rights

At Weinstein Caggiano we will protect you if have exposed fraud or other wrongdoing in your workplace. We can examine your case during a free consultation and will help you take steps to safeguard your rights and your career. Call 206-558-9441 or send us an email to arrange a meeting with one of our whistleblower and qui tam lawyers.