A relator must establish the following elements to bring a qui tam action:

• A payment made by the Government to a company or individual;
• A false or fraudulent claim made to and paid by the Government;
• The relator was the “original source” for the Government’s investigation and the information was not public or already under government investigation; and
• The relator is not personally responsible for any criminal fraud.

The most common types of qui tam claims arise in the healthcare industry. False or fraudulent claims filed against the Medicare program derive from various types of schemes, including but not limited to illegal kickbacks to referral sources, upcoding, unbundling, and lack of medical necessity for procedures.

Another common type of qui tam claim arises in the defense–contractor industry. Defense contractors may use fraudulent tactics to submit false claims to the Government, including but not limited to product substitution, improper cost allocation, and cross–charging. Likewise, there are many additional types of fraud against the Government that may give rise to a qui tam claim, including false claims made to environmental programs, research programs, public works projects, and construction projects, among others.

If you would like to have your qui tam claim reviewed by an attorney, call the Florida Whistleblower attorneys at 877-915-4040 or submit a claim here.