Building a Qui Tam Case

Building a Qui Tam case can be both rewarding and frustrating. There is a huge amount of factual material to review and that is always a challenge because, in addition to knowing the False Claims Act itself, it is also important that you know about the industry you are dealing with as well. This means learning two sides, which makes these types of cases difficult. A skilled qui tam attorney will be helpful in streamlining the process of building a qui tam case.

What to Expect

Someone building a qui tam case can expect that it will take quite a while and that they will have to really search their memories for every detail that they can to work through the events and the facts related to their case.

Generally, clients and attorneys will work closely while building a case. There is so much information that has to get processed in some kind of a way in order to build a case to be persuasive to the government to pursue, and persuasive ultimately in court. Additionally, the process requires that the plaintiff and the attorney keep this material confidential while the government investigates the case. The cases are filed under seal. Because of that, the client and the lawyer end up being a relatively closed loop in the sense that they are the only ones who can talk to each other about the case for some period of time.

Investigation

These are very complicated cases and the attorney’s job is to go through all the information that the client may have while the government’s job is to go through and investigate all of the allegations in order to hopefully corroborate those allegations and join the case. So that is what the investigatory process entails, which can be lengthy.

Organization and Corroboration

If you find out something that is not true then you do not have much of a case. You have to make it as organized a presentation as you possibly can for the government and then they generally go about attempting to corroborate the allegations and hopefully they do and hopefully in so doing they get more interested in the case. That is a large part of the process.

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