Qui Tam Attorney for Whistleblowers

The phrase qui tam is Latin, meaning “who as well.” In the 13th Century, it referred to English lawsuits where a person sued on behalf of the King as well as for himself.

Today, qui tam or “whistleblower” cases involve private individuals with unique, insider knowledge of fraud committed against the federal government initiating legal action on behalf of a state and receiving a portion of its financial awards.

Our qui tam lawyers specialize in representing whistleblowers who comes forward to report financial fraud, waste and abuse committed against the government under the False Claims Act (FCA).

If you have knowledge of fraud, waste or abuse against the government, consult our nationally renowned qui tam attorney, David Berg, to understand your legal options and protections under the False Claims Act as a qui tam whistleblower.

We fight against government fraud, provide legal advice and representation for whistleblowers and hold individuals and companies accountable for their actions.

Supporting Whistleblowers – The Qui Tam Attorney Promise

The role of a qui tam attorney is multifaceted. We ensure that whistleblower claims are not only heard but lead to meaningful action against government fraud. We represent our clients in court by collaborating closely with the U.S. Attorney’s office and state government agencies, which is crucial for the credibility and success of whistleblower claims. Unlike many law firms, we will litigate False Claims Act cases even if the government declines intervention.

When we accept a case, we make the following commitment to you:

We Pursue Litigation

Many law firms do not have the resources or expertise to pursue a False Claims Act case without government intervention and will withdraw from representation if the federal and state governments reject the case. When selecting a law firm, you should ask about this commitment and expertise. Although we will consider the federal and state governments’ positions, we have the staff and resources to pursue the case without government assistance. Of course, each case will be evaluated based on the particular facts of each case, and a final and independent determination will be made by the Firm about whether to proceed without government assistance.

Contingency Fee Structure

We handle all qui tam cases on a contingency fee basis, meaning that the firm earns a fee only if it is successful for the whistleblower and their claims. The firm also represents individuals in white-collar civil and criminal cases.

Qui Tam & White-Collar Criminal Defense Expertise

Our qui tam lawyers have extensive experience in both qui tam and white collar matters, and most law firms lack it. Our dual expertise is important because many whistleblowers, with inside information on illegal activities, may have civil and potentially criminal exposure. Decisions will need to be made about the risks of pursuing a qui tam case, weighted against whistleblower protection that is afforded through the Federal False Claims act amendments. The private citizen or relator may seek back pay and reinstatement if any egregious action is taken against them by the defendant for the FCA claim through civil penalties.

Protecting Your Identity – Strict Confidentiality Guaranteed

We prioritize your privacy and ensure that your identity and all information you share with us remain completely confidential. We will not disclose your information to the government or any other entity unless you give explicit authorization. Your trust is the cornerstone of our practice.

Comprehensive Case Support

If you decide to report financial fraud, waste and abuse against the government, Berg & Androphy will be with you at every stage. From drafting the initial complaint to communicating directly with federal agencies, our qui tam attorneys will handle all aspects of your case. We keep you updated throughout the process to ensure transparency and understanding.

Your Decision, Your Pace

Choosing to blow the whistle is a significant decision. We provide you with all the necessary information and legal advice to make the best decision for your situation. However, you are under no obligation to act. Our role is to guide you so you can proceed at your own comfort level.

Why Berg & Androphy – Prosecuting High-Stakes Qui Tam, SEC, and IRS Whistleblower Cases

The attorneys at Berg & Androphy have extensive involvement in prosecuting qui tam litigation cases and international corruption cases. The firm represents whistleblowers nationwide in many large Medicaid/Medicare healthcare fraud cases and defense contractor cases, as well as other types of cases involving fraud against the government, and international cases involving the Foreign Corrupt Practices Act.

Our firm has a distinguished track record of achieving remarkable outcomes in complex qui tam or whistleblower cases.

As lead counsel, we successfully settled a Medicare billing fraud case against Rotech Healthcare, even when the government chose not to intervene—a testament to our ability to independently deliver results.

Our firm was also instrumental in the record-breaking Eli Lilly qui tam lawsuit, representing one of nine whistleblowers in a case that recovered $750 million for the government and whistleblowers, along with $600 million in criminal fines.

Additionally, we have been featured in national headlines, including the Los Angeles Times and Houston Press, for settling a military fraud case involving altered expiration dates on food products sent to U.S. troops in the Middle East. This case secured $13.2 million for the government and whistleblower, further underscoring our commitment to holding wrongdoers accountable.

Representing Clients Nationwide

The firm represents whistleblowers, or the relator, nationwide in many large Medicaid/Medicare health care fraud cases as well as other types of cases involving fraud against the United States government.

On behalf of the government, we have filed fraud cases in such major cities as Boston, Philadelphia, New York, Los Angeles, San Francisco, Houston, Lansing, Washington, D.C., Santa Fe, Brooklyn, Denver, Beaumont, Tampa, Tulsa, and in other locations. The firm maintains its principal offices in Houston, Texas and New York, New York with offices in Washington, D.C., Denver, Colorado and Miami, Florida.

Although the majority of these recoveries were in the area of healthcare fraud, significant recoveries were also made in other areas. Most often, qui tam cases involve healthcare (Medicaid, Medicare) and defense contractors, but some also relate to financial services, environmental regulation, oil, gas and mining, and scientific research.

Some common types of qui tam or whistleblower cases include:

Healthcare

Fraud and abuse accounts for almost ten percent of total government Medicaid and Medicare spending on healthcare, or approximately $120 billion per year. A whistleblower lawsuit may involve over billing through the deceptive practice of upcoding. The potential harm caused by fraud in the Medicaid/Medicare healthcare industry cannot be overstated.

Defense Contractor Fraud / Military / Government Procurement

Since its enactment, actions against defense contractors have dwindled, and healthcare fraud has become the leading source for qui tam actions. However, fraud in the defense arena is still a concern for the government. Considering recent wars overseas, defense contractors surely will fall under the government’s microscope.

IRS Tax Fraud

In December 2006, Congress passed the Extension of Tax Relief Act of 2006 These amendments authorize the IRS to create a Whistleblower Office to process tips received from individuals who “spot tax problems in their workplace, while conducting day-to-day personal business, or anywhere else they may be encountered.

Environmental Regulation

Environmental regulation is a major challenge for the government. The cases in this area usually involve the liability of government contractors who fail to comply with or report misconduct in connection with environmental regulations.

Prevailing Wage Act

The purpose of prevailing wage laws is to prevent contractors and subcontractors from landing profitable government projects, by bidding lower than their competitors at the expense of their employees.

Education Fraud

False Claims Act (FCA) liability arises in educational fraud where educational institutions violate the Higher Education Act of 1965 (“HEA”)1 or knowingly make false promises to become eligible to receive government funds.

Oil Gas and Mining

The False Claims Act imposes liability on a defendant in connection with underpaying royalty payments to the Government that typically involve amounts owed for use of minerals, oil, and gas on public lands.

Scientific Research

The cases in this area involve the liability of hospitals and universities for false information in obtaining federal funding for research. These cases generally involve the reimbursement of research expenditures by hospitals conducting federally funded medical research, or universities with research grants from the National Institute of Health (“NIH”).

Qui Tam & Whistleblower Resources

• Historical Overview of the FCA 
• Overview of the FCA and Its Qui Tam Provisions
• Meaning of “Claim” in the False Claims Act
• Substantive Violations
• Procedures for Filing a Qui Tam Suit by a Whistleblower
• Pitfalls of Filing a Qui Tam Suit
• False Claims Act Damages and Penalties
• Statute of Limitations for Qui Tam Suit
• Qui Tam Whistleblower Recovery and Attorney Fees

For more information, email quitam@bafirm.com