False Claims Act Litigation

The attorneys at Shook, Hardy & Bacon L.L.P. (SHB) have seen a substantial increase in the amount of False Claims Act Litigation in recent years. The False Claims Act (FCA) is one of the government's primary weapons to fight fraud against the government. The Act, as amended in 1986, provides for penalties and triple damages for anyone who knowingly submits or causes the submission of false or fraudulent claims to the United States for government funds or property.

Under the FCA's qui tam provisions, a person with evidence of fraud, also known as a whistleblower, is authorized to file a case in federal court and sue, on behalf of the government, persons engaged in the fraud and to share in any money the government may recover. The Department of Justice (DOJ) has the responsibility to decide on behalf of the government whether to join the whistle blower in prosecuting these cases and whether False Claims Act litigation will ensue. From fiscal years 1987 through 2005, settlements and judgments for the federal government in FCA cases have exceeded $15 billion, of which $9.6 billion, or 64 percent, was for cases filed by whistle blowers under FCA's qui tam provisions. The whistle blowers? share of the qui tam settlements and judgments was over $1.6 billion during this period.

With experts in dozens of industries, including medical and civil cases, our attorneys are qualified to work on a variety of False Claims Act litigation matters. Health care and procurement fraud cases constituted about 79 percent of all qui tam cases. DOJ pursued health care fraud cases (33 percent or 363 of the total 1,117 health care cases) and procurement fraud cases (29 percent or 237 of the total 819 procurement cases) more than other types of fraud cases.

False Claims Act litigation is typically a huge undertaking, and SHB is uniquely qualified to represent clients in this type of lawsuit. With more than 1,500 attorneys, research analysts and paraprofessionals on staff, along with one of the most extensive resource libraries in the country, we have access to the tools we need to for a successful outcome in your False Claims Act litigation. To learn more about our approach, contact us today.

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