The False Claims Act (FCA) is an extremely powerful tool available to both the Department of Justice (DOJ) and purported whistleblowers seeking to file lawsuits on the government’s behalf and obtain a percentage of what they recover. The amount of whistleblower complaints has increased. With its treble damages and per-claim forfeiture provisions, the FCA is a potent weapon. Moreover, the consequences of being found liable in an FCA case can be catastrophic, including the possibility of resulting in suspension or debarment from government contracts or exclusion from participation in government programs.
FCA cases have permeated all sectors of the economy and all industries in which government funding plays any role, including: defense work; financial services; education; health care; life sciences; medical devices and pharmaceuticals; and technology companies. FCA lawsuits filed by whistleblowers have increased.
Tien Law Firm can assist with conducting internal investigations once a company becomes aware of a potential FCA suit, to the extremely important meeting with the government to convince it not to file a suit or become involved in one filed by a whistleblower, to litigating in court.
A positive outcome may be to seek to convince the DOJ not to intervene in whistleblower actions, not to separately file or pursue FCA actions, or to settle on favorable terms rather than litigate.