Yes, you can file a lawsuit under the False Claims Act (FCA) even if you have already reported the fraud to the government. However, there are specific conditions and limitations to be aware of:
Key Considerations:
- Public Disclosure Bar: If the allegations have already been publicly disclosed through government reports, hearings, or the media, the court may dismiss your claim unless you qualify as the “original source” of the information. To qualify, you must have provided the information to the government before the public disclosure or have independent knowledge that materially adds to the publicly disclosed allegations.
- First-to-File Rule: The FCA allows only one lawsuit based on the same facts. If someone else has already filed a qui tam action based on the same allegations, your case may be barred. However, there may be strategies to address this, such as joining an existing lawsuit with proper legal advice.
- Government Involvement: If the government has already pursued the matter as part of a civil or administrative monetary proceeding, you may be barred from filing a new lawsuit.
Reporting Fraud and Filing a Qui Tam Lawsuit:
Even if you have previously reported the fraud to the government, filing a qui tam lawsuit under the FCA is a separate legal action. The lawsuit must be filed in federal court and will initially remain under seal to allow the government time to investigate the allegations. Your prior reporting could strengthen your case, especially if you are the original source of the information.
Rewards and Risks
If your lawsuit is successful, you may be entitled to a portion of the recovered funds, ranging from 15% to 30%, depending on whether the government intervenes in the case. However, the process can be lengthy, and your identity will typically be revealed once the case is unsealed