A False Claims suit or Qui Tam Case could be raised by anyone with knowledge of the illegal. Suit must be brought within six years from the date of the false claim, otherwise within three years after the Government knows or should have known of the false claim, but in no event later than 10 years after the false claim.
These are the 5 obstacles to avoid when filing a Qui Tam case.
1. Choose your lawyer with discretion
Choose an experienced Qui Tam lawyer in Qui Tam lawsuits. The False Claims Act is a very complex regulation, and misinterpreting it could become a trouble to your case. Ensure that the speakers you hire has the necessary resources to follow Qui Tam cases. Most often cases require the attention of more than one attorney.
2. Choose the apt court
A qui tam lawsuit or False Claims suit could be filed in a variety of jurisdictions. A number of courts have interpreted major parts of the False Claims Act in many different ways. These rulings must be taken into consideration when deciding where to file your qui tam lawsuit. The best forum for any qui tam lawsuit might be, for instance, the federal civil court near to the defendant's headquarters.
3. Act impromptu if you have evidence
A qui tam lawsuit will not be valid if it is not the foremost one to make the allegations. The lawsuit can also be dismissed if details regarding the fraud become public before filing the case. The False Claims Act confines the time frame in which a lawsuit can be filed. As a rule, lawsuits need to be filed in six years from the date of occurrence of the fraud.
4. Do not discuss your lawsuit with anyone except your Qui Tam lawyer
Qui Tam lawsuits must be filed under seal. The details cannot be made public. The seal cannot be lifted until the Federal Government probes into the charges and makes a decision whether to interfere or not.
5. Be confident
It is a great risk in professional and personal front to blow the whistle on fraud. But when the lawsuit becomes successful, the rewards from the False Claims Act could compensate for the risks.