PRACTICE AREAS
| FALSE CLAIMS ACT/QUI TAM LITIGATION Litigation under the Federal False Claims Act (31 U.S.C. §3729 et seq.) as well as under the Virginia Fraud Against Taxpayers Act (Virginia Code §8.01-216.1 et seq.) is a specialty of the firm. These cases—sometimes called “whistleblower cases”—frequently arise out of the employment relationship, when an employee with personal, first-hand knowledge of fraud decides to seek legal advice. The Federal False Claims Act and the Virginia Fraud Against Taxpayers Act create strong penalties against those individuals and organizations that make false claims in order to receive money; the Act also creates rewards and incentives to encourage individuals with knowledge of false claims to the government to come forward. Companies or individuals who violate the False Claims Act are liable for up to three times the total dollar amount of the fraud, plus an additional penalty ranging from $5,500 to $11,000 for each false claim submitted to the government, plus payment of all attorney’s fees and litigation costs. Informers (or "relators" as they are sometimes called) with personal, first-hand knowledge of fraud on the government are eligible to bring this information to the attention of the government through a qui tam case. Those choosing to follow the rigorous course of a qui tam relator are eligible to receive between 15 and 30 percent of the government's total recovery, depending on the exact circumstances. Both the federal False Claims Act and the Virginia Fraud Against Taxpayers Act contain anti-retaliation provisions to protect employees who report fraud from being terminated, suspended, or otherwise subjected to retaliation. Cook Kitts & Francuzenko partner Zach Kitts has also created www.vaquitamlaw.com, the first blog devoted specifically to the Virginia Fraud Against Taxpayers Act and to qui tam litigation in Virginia. If you have a potential case and would like to tell us more about it, please click here. Our Practice Areas |