False Claims Act

Barrett Law Office, PLLC attorneys can help individuals bring claims under the federal Federal False Claims Act, codified within Title 31 of the U.S. Code. These suits are so-called "whistleblower" actions. The False Claims Act suits seek to impose penalties on those who have knowingly presented a false or fraudulent claim to the federal government. The law was first enacted during the Civil War as a means of taking on fraud perpetrated by government contractors.

One distinguishing feature of this type of lawsuit is that an individual files it in the name of the federal government. Prior to the filing of the lawsuit, the plaintiff (known as a qui tam plaintiff or relator) must disclose to the government his evidence regarding the fraud, along with a copy of the complaint, at which point the government has 60 days to intervene in the suit. A sealed copy of the complaint is filed in federal court.

A qui tam plaintiff has the right to a percentage share of the funds recovered by the government. This provides a compelling incentive for whistleblowers to approach the government with information about financial injury to the federal government resulting from fraud. There are certain restrictions regarding who may bring such a suit and the type of information relied on by the relator. These suits are typically brought by employees or former employees of companies they perceive to have defrauded the federal government. The health care sector and the defense industry are areas where False Claims Act litigation is relatively common.

States have enacted their own whistleblower statutes. The analogous statute in Tennessee is known as the Tennessee False Claims Act (TFCA).

Barrett Law Office, PLLC lawyers have experience in litigating cases in Tennessee and other states, both in federal and state courts.