False Claims Act / Qui Tam Attorneys

Phillips & Cohen’s attorneys have unmatched success representing qui tam lawsuits brought under the False Claims Act

For more than 30 years, Phillips & Cohen’s qui tam cases have had a major impact in stopping fraud and abuse in a number of industries, including healthcare, pharma, and defense. We know how to protect our False Claims Act whistleblower clients and how to deal with the many challenges whistleblowers may face.

Representing qui tam whistleblowers isn’t just one aspect of our practice – it is all we do. Whether it’s a ground-breaking False Claims Act case or a straightforward one, we have the skills, experience, and resources to pursue the best possible outcome for our whistleblower clients.

We have been praised for our decades of success on behalf of whistleblowers with awards such as “Plaintiffs’ Hot List,” “500 Leading Lawyers in America” and “Attorneys Who Matter.”

Types of Fraud Addressed by Our False Claims Act Attorneys

Our False Claims Act attorneys have successfully handled qui tam lawsuits across numerous sectors where government funds are involved.

Healthcare Fraud

Healthcare fraud is the largest category of False Claims Act litigation. This includes:

• Billing for services not rendered (Phantom Billing).
• Upcoding (billing for a more expensive procedure than the one actually performed).
• Violations of the Anti-Kickback Statute (Ex, unlawful payments for patient referrals).
• Off-label marketing of pharmaceutical drugs and medical devices.

Defense Contractor and Procurement Fraud

Fraud against the Department of Defense (DOD) and other government agencies often involves contractors deliberately overcharging the government or delivering substandard goods. This area covers:

• Defective Pricing (knowingly inflating costs or failing to disclose cost savings).
• Product Substitution (using lower-quality materials than those specified in the contract).
• Misrepresenting compliance with contract terms or manufacturing specifications.

Financial Fraud

This often involves fraudulent schemes against federal financial programs or instances where a company or individual improperly avoids paying money owed to the government. Examples include:

• Fraud related to federal loans or insurance programs.
• Misrepresenting data to avoid tariffs or other federal financial obligations.
• Fraudulent claims made under federal grant programs.

Understanding the False Claims Act & Qui Tam Attorney Role

The False Claims Act (FCA) is a federal law that empowers individuals, known as whistleblowers, to expose and take action against fraudulent activities committed against the government. The Qui Tam provision within the FCA allows these whistleblowers (also known as “qui tam relators”) to file lawsuits on behalf of the government and potentially receive a portion of the recovered funds as a reward. 

False Claims Act / qui tam whistleblowers play a vital role in safeguarding public resources by bringing hidden fraud to light. Under the False Claims Act, they are protected from retaliation and can significantly contribute to maintaining integrity and accountability in government programs and contracts. By leveraging the FCA and Qui Tam provisions, our firm is dedicated to supporting whistleblowers in their courageous efforts to report and combat fraud, ultimately promoting justice and transparency.

The Qui Tam Lawsuit Process: FCA Case Timeline

Our role as experienced False Claims Act attorneys is to guide you through this complex process, ensuring your rights are protected at every stage. A successful qui tam case typically follows these steps:

1. Confidential Consultation and Case Review

The process begins with a strictly confidential, no-obligation discussion between you (the potential relator) and our qui tam attorneys. We review your evidence of fraud against the government, determine the viability of your claim under the False Claims Act, and ensure your information is new and non-public. This initial stage is covered by attorney-client privilege, providing you with full protection.

2. Drafting and Filing Under Seal

If your case is viable, our legal team will draft a detailed complaint, setting forth the evidence of fraud. This complaint is then filed in a court “under seal.” This means the court keeps the lawsuit completely secret; only the assigned judge and the U.S. DOJ are aware of its existence. The sealing period typically lasts a minimum of 60 days, and usually much longer.  

3. Government Investigation and Intervention Decision

While the case is under seal, the DOJ conducts its own investigation, often with our active support. Our False Claims Act attorneys work closely with federal prosecutors, providing strategic guidance and interpreting complex evidence to ensure the government fully understands the merits of the case. At the end of the investigation, the government must decide whether to intervene (join the lawsuit) or decline.

4. Litigation, Settlement, and Whistleblower Award

If the government intervenes, they take the lead in litigation and settlement negotiations, although we continue to represent you and ensure your interests are protected. If the government declines, we might decide to litigate the case independently. Upon a successful recovery of funds (through judgment or settlement), you, the whistleblower, are entitled to a substantial financial award, typically 15% to 30% of the total recovery, as provided by the qui tam provisions of the FCA.

Successful False Claims Act / qui tam cases Phillips & Cohen has settled

Our cases span from Medicare and healthcare frauds to defense contracting frauds and cybersecurity frauds. Some examples of our landmark qui tam whistleblower cases include:

• The largest healthcare fraud settlements in US history (GlaxoSmithKline, $3 billion and Pfizer, $2.3 billion).
• The largest civil settlement of a healthcare fraud case involving solely kickback allegations ($400 million – DaVita Healthcare Partners)
• The largest amount ever paid by a defense contractor in a qui tam case ($325 million – Northrop Grumman).
• Largest settlement ever paid by a medical lab company for a faulty product ($302 million – Quest Diagnostics).
• The first qui tam case to use the False Claims Act to stop alleged fraud in the FCC’s auction of cellphone licenses. (Mario Gabelli and affiliated companies paid $130 million to settle the case.)

Phillips & Cohen is one of the nation’s most prominent law firms specializing in whistleblower cases.

For more examples of how we’ve helped our whistleblower clients expose and stop fraud, see our Successful Cases.

Why choose Phillips & Cohen as your False Claims Act attorney?

When you choose Phillips & Cohen, you get the knowledge and experience of a team of attorneys with decades of experience working on False Claims Act cases. Among our whistleblower lawyers are:

• Erika Kelton, who represented the leading whistleblowers in the Glaxo and Pfizer cases, settled for the largest amounts ever for qui tam cases.
• Colette Matzzie and Stephen Hasegawa, whose state and federal whistleblower cases involving healthcare fraud and government contract fraud have recovered hundreds of millions of dollars.
• Peter Budetti, the former “anti-fraud czar” for the Centers for Medicare and Medicaid Services.
• Jeffrey Dickstein, a former assistant US Attorney, and Amy Easton, a former senior trial lawyer for the Justice Department, led the groundbreaking investigation of a qui tam case that resulted in settlements with more than 500 hospitals.
• Claire M. Sylvia, a Phillips & Cohen partner whose treatise on the False Claims Act is often cited by judges and other attorneys in their own qui tam cases.

Discuss Your Case with an FCA Attorney Today

The decision to blow the whistle is significant, and the path forward is complex. Don’t risk your claim or your career by delaying.

Our False Claims Act attorneys offer a completely confidential and free consultation to discuss your evidence and evaluate the strength of your potential case. We handle all cases on a contingency fee basis, meaning you pay absolutely nothing unless we secure a financial recovery for you.

You have nothing to lose by seeking experienced legal guidance. Contact us for a free, confidential and no-cost evaluation.

False Claims Act Attorney FAQs

What are the requirements for a qui tam lawsuit?

A relator must possess original, non-public information of fraud against the federal government and file a complaint in court with a detailed disclosure statement to the Department of Justice. 

How long do qui tam cases take?

The duration varies significantly based on complexity and investigation time, but most qui tam cases take years to reach a final resolution or settlement. 

Does the FCA only apply in the U.S.?

The federal False Claims Act applies to fraud involving U.S. government funds, regardless of whether the fraudulent conduct or the defendant is located domestically or internationally.

How can a qui tam whistleblower lawyer help my case?

A lawyer is essential to properly file the case, expertly present evidence to the Department of Justice, and maximize your financial award.