Advising the Qui Tam Whistleblower, Second Edition: From Identifying a Case to Filing Under the False Claims Act
If you are looking for complete and concise information to evaluate a client's potential claim, and to determine whether pursuit of a qui tam action is warranted, purchase this book. This handy guide provides an overview of the statute and highlights some of the more common and controversial topics including, but not limited to: Submitting false cost and pricing data, Providing an inferior product, Falsely certified medical procedures, Tax law, Parasitic suits
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If you are looking for complete and concise information to evaluate a client's potential claim, and to determine whether pursuit of a qui tam action is warranted, purchase this book. This handy guide provides an overview of the statute and highlights some of the more common and controversial topics including, but not limited to: Submitting false cost and pricing data, Providing an inferior product, Falsely certified medical procedures, Tax law, Parasitic suits
Note from the Publisher viiIntroduction ixChapter 1 The False Claims Act 1A Claims 2B Qui Tam Damages and Awards 3C Retaliation Claims 5D Burden of Proof 5E Statute of Limitations 5F Common Types of Qui Tam Cases 6Chapter 2 Claims That Are Not Actionable 9A Actions Against Certain Classes of Persons 9B Tax Fraud 9C Parasitic Suits Based On Existing Government Proceedings 10D Cases Based on Allegations Already Made in a Pending Qui Tam Case 10E Cases Based on Publicly Disclosed Allegations or Transactions 11F Government's Own Mismanagement or Waste 11G Claims Against States and State Entities 12Chapter 3 Unique Procedural Requirements of Qui Tam Cases 13Chapter 4 Dangers of Filing a Qui Tam Case 17Chapter 5 Anatomy of a Qui Tam Case 21A Uncovering and Assessing the Fraud 21B Considering Whether to Inform the Potential Defendant 22C State False Claims Acts 24D Disclosure Statement 26E Disclosure Prior to Filing Suit 26F The Investigatory Phase 28Chapter 6 Profile of Relator: How the Decision to Sue Is Made 33A Relator Personality 33B Relator Needs 34C Working with the Relator 351 Legal Theory 352 Corporate Organization 363 Seal 364 Relator Meeting 365 Time Delays 366 Medical Records Disclosure 377 Attorneys' Fees in Nonintervened Cases 37D Relator Checklist 38E Relator's Inability to Focus 40F Unavailability of Documents and Other Witnesses 41G The Role of the Affected Agency 42Chapter 7 Government Profile: How the Intervention Decision Is Made 43A Scope of Relator's Counsel's Investigation 44B Tracking the Statute 45C Profile of the Government 521Overworked 522 Skeptical 53D Government Needs 55E Legal and Factual Predicates 551 Do False Claims Exist? 562 Did the Provider Knowingly Submit the False Claims? 56F Working with the Government 59G Government Checklists 60H Do's and Don'ts 60Chapter 8 Defenses 63A Government Knowledge 63B Constitutionality 67C Lack of Rule 9(b) Specificity 68D Lack of Presentment 70E Public Disclosure/Original Source 71F Statute of Limitations 75G Lack of Falsity 77H Materiality 78I Counterclaims 79J Improper Relator 79K Relator-Released Claim 82Chapter 9 Section 3730(h) Retaliation Claims 85Chapter 10 Litigating the Intervened Case 87Chapter 11 Litigating the Nonintervened Case 89A Alternate Remedy 91Chapter 12 The Relator share 95Chapter 13 Settlement 99Chapter 14 Fee Agreements, Statutory Attorney Fees, and Taxability of the Relator Share 101Appendix 1 Text of the Statute 107Appendix 2 Forms 117A Request to Withhold Issuance of Summons 117B Motion to File Complaint In Camera and Under Seal 118C Proposed Seal Order 119D Transmittal Letter to the Government 120E Transmittal Letter to the Court 121F Sample Disclosure Statement 122G Sample Complaint 129H Sample Fee Agreement 136I Sample Settlement Agreement 139Appendix 3 Other Resources 145About the Author 147Table of Cases 149Index 159
