Table of Contents
Note from the Publisher vii
Introduction ix
Chapter 1 The False Claims Act 1
A Claims 2
B Qui Tam Damages and Awards 3
C Retaliation Claims 5
D Burden of Proof 5
E Statute of Limitations 5
F Common Types of Qui Tam Cases 6
Chapter 2 Claims That Are Not Actionable 9
A Actions Against Certain Classes of Persons 9
B Tax Fraud 9
C Parasitic Suits Based On Existing Government Proceedings 10
D Cases Based on Allegations Already Made in a Pending Qui Tam Case 10
E Cases Based on Publicly Disclosed Allegations or Transactions 11
F Government's Own Mismanagement or Waste 11
G Claims Against States and State Entities 12
Chapter 3 Unique Procedural Requirements of Qui Tam Cases 13
Chapter 4 Dangers of Filing a Qui Tam Case 17
Chapter 5 Anatomy of a Qui Tam Case 21
A Uncovering and Assessing the Fraud 21
B Considering Whether to Inform the Potential Defendant 22
C State False Claims Acts 24
D Disclosure Statement 26
E Disclosure Prior to Filing Suit 26
F The Investigatory Phase 28
Chapter 6 Profile of Relator: How the Decision to Sue Is Made 33
A Relator Personality 33
B Relator Needs 34
C Working with the Relator 35
1 Legal Theory 35
2 Corporate Organization 36
3 Seal 36
4 Relator Meeting 36
5 Time Delays 36
6 Medical Records Disclosure 37
7 Attorneys' Fees in Nonintervened Cases 37
D Relator Checklist 38
E Relator's Inability to Focus 40
F Unavailability of Documents and Other Witnesses 41
G The Role of the Affected Agency 42
Chapter 7 Government Profile: How the Intervention Decision Is Made 43
A Scope of Relator's Counsel's Investigation 44
B Tracking the Statute 45
C Profile of the Government 52
1Overworked 52
2 Skeptical 53
D Government Needs 55
E Legal and Factual Predicates 55
1 Do False Claims Exist? 56
2 Did the Provider Knowingly Submit the False Claims? 56
F Working with the Government 59
G Government Checklists 60
H Do's and Don'ts 60
Chapter 8 Defenses 63
A Government Knowledge 63
B Constitutionality 67
C Lack of Rule 9(b) Specificity 68
D Lack of Presentment 70
E Public Disclosure/Original Source 71
F Statute of Limitations 75
G Lack of Falsity 77
H Materiality 78
I Counterclaims 79
J Improper Relator 79
K Relator-Released Claim 82
Chapter 9 Section 3730(h) Retaliation Claims 85
Chapter 10 Litigating the Intervened Case 87
Chapter 11 Litigating the Nonintervened Case 89
A Alternate Remedy 91
Chapter 12 The Relator share 95
Chapter 13 Settlement 99
Chapter 14 Fee Agreements, Statutory Attorney Fees, and Taxability of the Relator Share 101
Appendix 1 Text of the Statute 107
Appendix 2 Forms 117
A Request to Withhold Issuance of Summons 117
B Motion to File Complaint In Camera and Under Seal 118
C Proposed Seal Order 119
D Transmittal Letter to the Government 120
E Transmittal Letter to the Court 121
F Sample Disclosure Statement 122
G Sample Complaint 129
H Sample Fee Agreement 136
I Sample Settlement Agreement 139
Appendix 3 Other Resources 145
About the Author 147
Table of Cases 149
Index 159
