SAN FRANCISCO, CALIFORNIA, Aug. 10, 2011 - Whistleblower cases brought under the False Claims Act are likely to fail if they aren't solidly constructed or ably handled, warns Jessica T. Moore, a San Francisco attorney with Phillips & Cohen LLP.
"It is almost impossible to overstate . . . the procedural complexities and unique challenges of qui tam [whistleblower] law and practice," says Moore in an article published in the August edition of Plaintiff magazine. "Such pitfalls can trip up those who aren't well versed, costing clients their rewards and attorneys their fees, even if the allegations of wrongdoing made by the whistleblower are proven."
The article, "The False Claims Act: A Weapon Often Overlooked," says other points to consider are the amount of experience with qui tam whistleblower cases and whether the whistleblower's lawyer has the resources to pursue the case. Qui tam cases can be very expensive, Moore notes, particularly if experts are needed to conduct analyses or additional investigations to substantiate a client's allegations.
"The relator's lawyer shouldn't expect that the government will do all of the work once a case is filed," Moore says. "Such an approach likely will mean the case won't go anywhere and eventually will be dismissed."
Qui tam cases offer whistleblowers the potential for financial rewards but also satisfaction at doing the right thing.
"The most common False Claims Act whistleblowers are deeply troubled by the wrongdoing, and they bring their cases not primarily for a substantial reward, but because they want the fraud to end," Moore writes. "The potential to stop such wrongful practices alone may make them worth pursuing."
Phillips & Cohen is the nation's most successful law firm representing whistleblowers. Cases brought by the firm have recovered more than $7 billion for governments in civil settlements and related criminal fines. Phillips & Cohen represents whistleblowers in qui tam cases and claims made under whistleblower reward programs administered by the Internal Revenue Service, Securities and Exchange Commission and Commodity Futures Trading Commission.
