False Claims Act Lawyer
A False Claims Act lawyer helps private citizens sue, on the government’s behalf, the companies and individuals who defraud federal programs — and helps those whistleblowers claim a share of the money recovered. At Barrett Johnston Martin & Garrison, PLLC, we guide you through every stage of that process, from the first confidential conversation to the day the case resolves.
The False Claims Act is the most powerful anti-fraud law in the country. It’s recovered tens of billions of dollars for taxpayers, and the overwhelming majority of those dollars came from cases started by ordinary people with inside knowledge. This page explains how the law works and what a lawyer does to make it work for you.
What the False Claims Act Is — And Why It Needs You
Passed during the Civil War to combat suppliers who cheated the Union Army, the False Claims Act (31 U.S.C. §§ 3729–3733) makes it illegal to knowingly submit a false claim for payment to the federal government. Crucially, it includes a qui tam provision: it lets a private person (the “relator“) file suit on the government’s behalf and share in the recovery.
That provision exists because the government can’t see fraud it doesn’t know about. You can. The law turns your knowledge into legal standing.
How a Qui Tam Lawsuit Works
The process is deliberate and confidential. Here’s what actually happens:
- Confidential evaluation. You share what you know. We assess whether the conduct violates the False Claims Act and whether the evidence is strong enough to file.
- Filing under seal. We file the complaint under seal in federal court. That means it’s secret — the defendant isn’t told, and even the public docket doesn’t reveal it. The seal typically lasts at least 60 days but in practice is extended for a year or more.
- The disclosure to the government. Along with the complaint, we serve the Department of Justice a confidential statement of all the material evidence, building the strongest possible case for the government to take an interest.
- Government investigation. While the case stays sealed, the DOJ investigates — reviewing documents, interviewing witnesses, and deciding whether to intervene (formally join the case).
- Intervention decision. If the government intervenes, it takes the lead, and the odds of recovery rise sharply. If it declines, you still have the right to pursue the case yourself, with your lawyer leading.
- Resolution. The case ends in a settlement or judgment, and the whistleblower’s share is determined.
What Counts as a "False Claim"
A false claim isn’t limited to a fake invoice. The law reaches a wide range of conduct, including:
- Billing the government for goods or services never provided.
- Billing for work that was defective or worthless.
- Charging for more than was delivered, or at inflated prices.
- Certifying compliance with a law or contract term that was actually violated (for example, claims tainted by an illegal kickback).
- Knowingly keeping an overpayment the government made by mistake (“reverse false claims”).
Healthcare is the single largest source of False Claims Act recoveries, but the law also covers defense contracting, pandemic-relief fraud, customs, grants, and more.
Your Reward — And the Rules Protecting It
A successful relator is entitled to 15% to 30% of the government’s total recovery. Where you fall in that range depends largely on whether the government intervened and how significant your contribution was. Because defendants face treble (triple) damages plus a penalty for each false claim, total recoveries (and the whistleblower’s share) are often large.
The Act also protects you from retaliation under 31 U.S.C. § 3730(h): if you’re fired, demoted, or harassed for your role in a case, you may be entitled to reinstatement, double back pay, and damages.
Why the Right Lawyer Matters in a False Claims Act Case
This is not a do-it-yourself area of law, and timing can make or break a case:
- The first-to-file rule means only the first whistleblower to file on a given fraud can recover. Waiting can cost you everything.
- The seal requirements are strict — discussing your case publicly or with the wrong people before filing can jeopardize it.
- The statute of limitations sets hard deadlines that are easy to miss without counsel.
- The quality of the initial disclosure heavily influences whether the government intervenes.
We handle all of it on a contingency basis. There’s no fee to talk and no fee unless we recover.
Think you may have a case? Let’s find out together. Book a free, confidential consultation, and we’ll tell you honestly whether your information supports a False Claims Act claim.
False Claims Act Lawyer FAQs
It’s a lawsuit brought by a private individual on behalf of the government under the False Claims Act. “Qui tam” is short for a Latin phrase meaning one who sues for the king as well as for himself — reflecting that you’re acting for the public and for your own potential reward.
It means the case is filed in secret. The defendant isn’t notified and the public can’t see it while the government investigates. This protects both the integrity of the investigation and your identity.
You can still pursue the case on your own with your attorney leading it. Many successful recoveries come from declined cases, though intervention generally improves the odds.
Yes. The statute of limitations generally runs six years from the violation (with a longer alternative tied to government knowledge, capped at ten years). Because the first person to file is the one who can recover, sooner is almost always better.
Only the first whistleblower to file a complaint about a particular fraud can pursue it and earn a reward. If someone else files first, later claims on the same conduct are typically barred — which is why acting promptly matters.