Do I Need Proof or Documentation to File a False Claims Act Case?


No, but of course it can help.

To file a case under the False Claims Act you have to be able to present information that is credible. No lawyer will take such a case based on mere frivolous allegations. But if you have inside information from working in a company for years even if all that inside information is only in your head, you still may have a case.

Corroboration and Documentation

Think. Where could government investigators go to corroborate your allegations? Who could they talk to about it who would tell them the truth? You will want to talk this over with your lawyer. The whole issue of documentation is tricky and you want to talk to a lawyer about it.

The whole issue of documentation is tricky and you want to talk to a lawyer about it. The more you do know about the fraud the stronger your case is likely to be. Your testimony may be enough, more than enough, to file a case.  You may know facts that only an insider could possibly know.  You may know processes that only an insider could know.  These are issues to remember to discuss with your lawyer regardless of whether or not you have documents to support your allegations.  The more that you can demonstrate that your information and your knowledge comes from direct contact with the people committing the fraud the stronger your case is likely to be.

People, especially government investigators, can tell when you really have a case and when you really know what happened.  People can tell if your allegations come from inside information or whether they are based on the latest issue of an obscure magazine.

What is Important Information?

We know it is not always possible to have the full documentation you would like to present in a case.  Even more likely, you may not even know every fact relevant to your case.  However, you probably can discuss details, maybe even dates or places, that can help build the specificity required to support such a case.  If you really know about a fraudulent scheme and you really have been working at a place long enough to know why it is fraud and how the organization is supposed to be working, then you should be able to provide details of what happened.

Figuring out all the relevant facts may require you to spend some time thinking any way to help improve your memory of events.  It may also require you to spend some time explaining the details of how the organization acted to defraud the government to your lawyer.  You may have to go over these facts several times with your lawyer and then with the government investigators for everyone to understand.  Yes, of course, this can be a laborious process, but you and your lawyer are going to have to work together to build a case no matter how much information you have to start.

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