How to File a Qui Tam Lawsuit
A qui tam case is filed under seal in federal district court, served on the Department of Justice with a written disclosure of all material evidence, and not served on the defendant. The government then investigates and decides whether to intervene. You must file through an attorney.
Step one: assess whether you have a case
A viable case needs specific, non-public information about a false claim submitted for federal money. A suspicion is not enough, and neither is conduct that is merely improper without a claim for payment behind it.
The first-to-file rule makes this step time sensitive. Only the first relator to file on a given fraud can recover, so an assessment that drags on has a real cost.
Step two: prepare the complaint and disclosure statement
Two documents are required. The complaint sets out the fraud and the legal theory. The written disclosure statement provides substantially all material evidence and information the relator possesses, and it goes to the government rather than the court file.
The disclosure statement is where cases are made. A thorough one gives the Department of Justice a reason to open an investigation quickly.
Step three: file under seal and serve the government
The complaint is filed in federal district court under seal. It is served on the United States Attorney for the district and on the Attorney General, and it is not served on the defendant.
Step four: the government investigates
The Department of Justice, usually with the relevant inspector general, investigates. This is the long phase. Sixty days is the statutory minimum and extensions are routine, so one to three years is normal.
Relators are often interviewed during this period. Cooperation is one of the factors that raises the eventual award share.
Step five: the intervention decision
The government either intervenes, declines, or in some cases settles directly. If it intervenes it takes primary responsibility and the relator share is 15 to 25 percent. If it declines, the relator may proceed and the share rises to 25 to 30 percent.
Declined cases are harder. They are also where experienced counsel matters most, and where our attorneys obtained a 9 million dollar settlement without government participation.
Frequently asked questions
Can I file a qui tam case without a lawyer?
No. Courts have consistently held that a relator cannot proceed pro se, because the claim belongs to the United States and a non-attorney cannot represent another party.
What evidence do I need before filing?
Enough specific detail to plead fraud with particularity under Rule 9(b): what was submitted, by whom, when, and why it was false. You do not need complete proof, and you should not gather documents you are not authorized to access.
Where is the case filed?
In federal district court, usually where the defendant resides or where the conduct occurred. For Philadelphia matters that is typically the Eastern District of Pennsylvania.
What does it cost to file?
Nothing out of pocket. These cases are handled on contingency, and a successful case also entitles the relator to recover reasonable attorney fees and costs from the defendant.
The attorneys who handle these cases
Related reading
Talk to a whistleblower attorney before you report
A conversation costs nothing and is confidential. We will tell you honestly whether what you have describes a case, and what the first-to-file rule means for your timing.