Advising the Qui Tam Whistleblower, Second Edition: From Identifying a Case to Filing Under the False Claims Act / Edition 2

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This Second Edition of a bestseller provides complete and concise information to assist an attorney in evaluating a client's potential claim, and to determine whether pursuit of a qui tam action is warranted. The handy guide provides an overview of the statute and highlights some of the more common and controversial topics. This Second Edition contains updated statistics, a discussion of the recent U.S. Supreme Court case, Allison Engine Co., Inc. et al v. United States ex rel. Sanders et al (June 2008), as well as new and updated case law on the defenses of:

Government knowledge/lack of intent


Lack of Rule 9(b) specificity

Lack of presentment

Public disclosure/not original source


Lack of falsity



Improper relator: pro se, government employee or deceased

Relator-released claims

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Product Details

  • ISBN-13: 9781604422702
  • Publisher: American Bar Association
  • Publication date: 6/16/2009
  • Edition description: 2nd Edition
  • Edition number: 2
  • Pages: 200
  • Product dimensions: 5.90 (w) x 9.00 (h) x 0.60 (d)

Table of Contents

Note from the Publisher vii

Introduction ix

Chapter 1 The False Claims Act 1

A Claims 2

B Qui Tam Damages and Awards 3

C Retaliation Claims 5

D Burden of Proof 5

E Statute of Limitations 5

F Common Types of Qui Tam Cases 6

Chapter 2 Claims That Are Not Actionable 9

A Actions Against Certain Classes of Persons 9

B Tax Fraud 9

C Parasitic Suits Based On Existing Government Proceedings 10

D Cases Based on Allegations Already Made in a Pending Qui Tam Case 10

E Cases Based on Publicly Disclosed Allegations or Transactions 11

F Government's Own Mismanagement or Waste 11

G Claims Against States and State Entities 12

Chapter 3 Unique Procedural Requirements of Qui Tam Cases 13

Chapter 4 Dangers of Filing a Qui Tam Case 17

Chapter 5 Anatomy of a Qui Tam Case 21

A Uncovering and Assessing the Fraud 21

B Considering Whether to Inform the Potential Defendant 22

C State False Claims Acts 24

D Disclosure Statement 26

E Disclosure Prior to Filing Suit 26

F The Investigatory Phase 28

Chapter 6 Profile of Relator: How the Decision to Sue Is Made 33

A Relator Personality 33

B Relator Needs 34

C Working with the Relator 35

1 Legal Theory 35

2 Corporate Organization 36

3 Seal 36

4 Relator Meeting 36

5 Time Delays 36

6 Medical Records Disclosure 37

7 Attorneys' Fees in Nonintervened Cases 37

D Relator Checklist 38

E Relator's Inability to Focus 40

F Unavailability of Documents and Other Witnesses 41

G The Role of the Affected Agency 42

Chapter 7 Government Profile: How the Intervention Decision Is Made 43

A Scope of Relator's Counsel's Investigation 44

B Tracking the Statute 45

C Profile of the Government 52

1Overworked 52

2 Skeptical 53

D Government Needs 55

E Legal and Factual Predicates 55

1 Do False Claims Exist? 56

2 Did the Provider Knowingly Submit the False Claims? 56

F Working with the Government 59

G Government Checklists 60

H Do's and Don'ts 60

Chapter 8 Defenses 63

A Government Knowledge 63

B Constitutionality 67

C Lack of Rule 9(b) Specificity 68

D Lack of Presentment 70

E Public Disclosure/Original Source 71

F Statute of Limitations 75

G Lack of Falsity 77

H Materiality 78

I Counterclaims 79

J Improper Relator 79

K Relator-Released Claim 82

Chapter 9 Section 3730(h) Retaliation Claims 85

Chapter 10 Litigating the Intervened Case 87

Chapter 11 Litigating the Nonintervened Case 89

A Alternate Remedy 91

Chapter 12 The Relator share 95

Chapter 13 Settlement 99

Chapter 14 Fee Agreements, Statutory Attorney Fees, and Taxability of the Relator Share 101

Appendix 1 Text of the Statute 107

Appendix 2 Forms 117

A Request to Withhold Issuance of Summons 117

B Motion to File Complaint In Camera and Under Seal 118

C Proposed Seal Order 119

D Transmittal Letter to the Government 120

E Transmittal Letter to the Court 121

F Sample Disclosure Statement 122

G Sample Complaint 129

H Sample Fee Agreement 136

I Sample Settlement Agreement 139

Appendix 3 Other Resources 145

About the Author 147

Table of Cases 149

Index 159

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