False Claims Act & Qui Tam

You know something the government paid for that wasn't delivered. That knowledge has value — and legal protection.

The False Claims Act allows private citizens to file suit on behalf of the United States and recover a share of the proceeds. A former Assistant U.S. Attorney can help you evaluate whether your situation qualifies — and how to move forward safely.

What the False Claims Act actually does.

The False Claims Act is the federal government's primary civil tool for combating fraud. It allows a private citizen — called a "relator" — to file a lawsuit on behalf of the United States against anyone who has knowingly submitted false claims for government payment. If the case succeeds, the relator typically receives 15% to 30% of the total recovery.

In fiscal year 2025, the Department of Justice recovered more than $6.8 billion under the False Claims Act — $5.3 billion of that came directly from qui tam whistleblower cases. These are not rare outcomes. They are the product of a statute designed, since its 1986 amendments, to reward people who come forward with knowledge the government doesn't have.

The process is highly structured. You file under seal, serve the government with a detailed disclosure statement, and wait while DOJ investigates. Whether the government intervenes — and how aggressively — often determines the ultimate value of the case. That intervention decision is exactly what Rob spent years evaluating from the other side.

15–30%

Of the government's total recovery is paid to the whistleblower when a case succeeds. In large healthcare or defense contractor cases, this can represent significant compensation.

3x

The FCA provides for treble damages — three times the amount the government was defrauded — plus civil penalties per false claim.

The kinds of fraud this statute was built to address.

Federal money flows through healthcare systems, defense contractors, universities, nonprofits, and government programs. When that money is obtained through false representations, the False Claims Act may apply.

Healthcare & Medicaid Fraud

Upcoding, billing for services not rendered, kickbacks, off-label drug promotion, and false cost reports to Medicare, Medicaid, or TRICARE.

Defense Contractor Fraud

Inflated labor costs, defective products delivered to the military, false testing certifications, and billing for work not performed on federal contracts.

Federal Grant Fraud

Misuse of federal research grants, falsified data in grant applications, and misrepresentation of how federal funds were spent by universities or nonprofits.

Government Contract Fraud

Procurement fraud, false certifications of compliance, cybersecurity failures in federal contractor systems, and customs or tariff evasion on federally purchased goods.

What it means that your attorney was on the other side.

"DOJ's intervention decision is the most consequential moment in most qui tam cases. I know what drives it — because I made those evaluations."

When Rob was an Assistant U.S. Attorney in the District of Oregon, he evaluated False Claims Act matters — reviewing disclosure statements, assessing evidence, and recommending whether DOJ should commit investigative resources. He understands the internal logic of those decisions in a way that most plaintiffs' attorneys never have access to. He also knows how to present a relator's case to make DOJ intervention more likely, not less. That's not a marketing claim. It's a structural advantage that changes case strategy from the first filing.

Former AUSA · District of Oregon Executive Office of U.S. Attorneys Mediator FCA Intervention Experience ~200 Mediations

What a viable qui tam case actually requires.

The False Claims Act is powerful, but it's also precise. Not every instance of government contractor misconduct translates into a viable qui tam action. The strongest cases share several characteristics:

  • A clear federal money nexus — government payment or property must be involved
  • Corroborating evidence — documents, records, emails, or data showing what was represented and what was actually delivered
  • Information not already publicly disclosed through news, audits, or prior litigation
  • A misrepresentation that actually mattered to whether the government paid
  • A case filed within the applicable statute of limitations
  • No prior qui tam complaint covering the same conduct

Our screening process is designed to evaluate these factors honestly — including factors that might weigh against filing. We'd rather tell you that upfront than file a case that won't survive.

Washington's own False Claims Act.

Washington state has its own Medicaid Fraud False Claims Act, made permanent by the legislature in 2023. For matters involving Washington Medicaid fraud, both federal and state remedies may be available — and the state Attorney General's office actively coordinates enforcement.

Major federal facilities and contractors in Washington — including Department of Energy contractors at Hanford, defense contractors in the Puget Sound region, and TRICARE providers — create a robust pipeline of potential federal FCA matters that the District of Oregon and Western District of Washington both actively prosecute.

Recent Example

In February 2026, a Hanford Site contractor settled a qui tam case for $3.45 million after a whistleblower alleged fraudulent labor cost inflation. The relator received $793,500.

What people ask before they come forward.

I'm still employed. Is it safe to file?
The False Claims Act includes strong retaliation protections for employees who participate in or support a qui tam action. Filing under seal means your employer won't know about the case until the court orders it unsealed — which typically doesn't happen until after DOJ has completed its investigation. The decision to file while employed involves real considerations, but the statute was specifically designed to protect people in your situation.
I only have internal knowledge — no documents. Can I still file?
Documents and corroborating evidence significantly strengthen a qui tam case, and courts have become more demanding about what a relator must present. Cases built entirely on a whistleblower's testimony alone are harder to develop. That said, an initial screening conversation can help identify whether the information you have is enough to establish a viable foundation — and whether additional evidence might be obtainable through the investigation process.
What if someone else already reported this to a government agency?
A report to a government agency — an audit, an inspector general complaint, or a regulatory filing — may or may not trigger the public disclosure bar depending on what was disclosed and when. This is a technical legal question that requires careful analysis. It doesn't automatically disqualify you, but it's one of the first things a screening conversation should address.
How long does a qui tam case take?
The initial seal period is a minimum of 60 days under the statute, but in practice DOJ frequently seeks extensions while it investigates — cases can remain under seal for one to several years. If DOJ intervenes and the case settles, resolution often comes within that same window. If DOJ declines and the relator proceeds alone, the case can take significantly longer. Every case is different, and a realistic timeline depends heavily on the type of fraud and the strength of the government's interest.
Do I pay anything to have my case evaluated?
No. The initial screening and consultation are completely free. False Claims Act cases are handled on a contingency basis — you pay no attorney's fees unless and until the case recovers money. If the case succeeds, attorney's fees are paid by the defendant, not out of your share.

Your information may carry more weight than you realize.

The screening is free, confidential, and available right now. A former Assistant U.S. Attorney will review your matter personally.

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