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16 May What if I Cannot Afford a False Claims Act Lawyer?

In my practice, I take False Claims Act cases on a contingency basis, meaning, I don’t get paid my fees unless I recover money in the case. With a False Claims Act case, the cost of preparing and furthering the case can be quite significant, and in most cases I will pay the cost up front, and then recover those costs in any award that I obtain for the client. So, yes, you can afford a False Claims Act attorney like myself because if I take the False Claims Act case, you as a client, will not be responsible to pay any hourly fees. It will be on a contingency basis. ...

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10 May The Importance of Hiring the Right False Claims Act Attorney

The False Claims Act and the California equivalent are very complicated statutes. There are a lot of prerequisites to bringing a case. There are a lot of elements to bringing a case. It’s not something that a layperson would be advised to pursue on their own as a pro per litigant. It’s important to have an attorney who is very familiar with the False Claims Act who can help you navigate the complexities of bringing a False Claims Act claim. Part of the reason is that, as part of filing a False Claims Act case, you have to do what is called a Disclosure Statement, which reveals the specifics of your knowledge about the False Claims Act violations. The drafting of this document is not straightforward and can affect the case. So, it is important to have an attorney who understands the False Claims Act to help you navigate all of those complexities, to deal with the federal government, and ultimately, if the government decides not to intervene, to prosecute the claim in court.  ...

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03 May When to Hire a False Claims Act Attorney

My practice strictly involves representing “relators,” the person who has knowledge of the violation of the False Claims Act and wishes to bring a lawsuit against the company. As a relator, you are basically stepping “into the shoes” of the federal government. The federal government is essentially deputizing private citizens to bring law suits on the government’s behalf to recover money that should not have been paid because it was based on a false or fraudulent claim. If the government intervenes, then they do all of the work in furtherance of the case. If they don’t intervene, then you have to decide if you want to pursue it on your own. As an experienced False Claims Act attorney, I am perfectly comfortable pursuing a case in which the government decides not to intervene. The government doesn’t intervene in every single False Claims Act that is brought. The primary reason is not because it is not a good case, but because their resources are very limited and they have to be very selective about the kinds of cases that they take. Frankly speaking, the government has to go for the higher money cases, where there are tens of millions or hundreds of millions of dollars at stake. So, if you have a smaller False Claims Act case, it is less likely that the government will intervene, and you will have to pursue it on your own. When you are pursuing a False Claims Act case on your own, (when the Government decides not to intervene), the case gets unsealed by the court. So, at that point the case becomes public, and then you basically litigate it like you would any other case before the court. I don’t represent businesses that are being charged or are being sued for false claims act violations....

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28 Apr The Statute of Limitations for False Claims Act Cases

There is a period of time within which a False Claims Act case must be brought, but as far as statute of limitations go, it is very broad, and it kind of depends on certain circumstances. There is quite a bit of leeway in terms of the statute of limitations on a False Claims Act case but just in case, you shouldn’t delay in taking action. It’s always important, if a person believes they have knowledge of a violation of the False Claims Act, to speak to an experienced False Claims Act attorney right away. You never know for sure how the statute of limitations will be calculated, so the sooner you act the better. ...

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20 Apr Limitations of False Claims Act Cases

There are bars to bringing a False Claims Act case. As one example, you cannot bring a False Claims Act case if you were convicted of criminal conduct arising from your role in the violation that constitutes the basis for the False Claims Act case. You also cannot bring a False Claims Act case if another False Claims Act case has already been brought regarding the same conduct. This is called the “First to File Rule.” Another bar to bringing a False Claims Act case is that the government is already party to a civil or administrative proceeding regarding the same conduct. Finally, a False Claims Act case would be barred if it is based on information that has already been disclosed to the public, either through criminal, civil, or administrative hearings. However, the exception to that is what is called the “Original Source Rule.” If you are the relator of the original source of the information about the violation of a False Claims Act, then you may be able to get around the public disclosure bar.  ...

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