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Confidentiality
A False Claims lawsuit is filed under seal, which means it may not be viewed by the general public and the company or person being accused of fraud does not even know of the suit while the government investigates the charges.
During this period, the whistleblower and their attorney are not even allowed to discuss the case with anyone other than the government officials investigating the case. As a result, filing a False Claims suit is entirely confidential.
In addition, the False Claims Act has a provision that protects any whistleblower from being discharged, demoted, harassed, or otherwise discriminated against because of lawful acts taken by an employee to pursue a qui tam lawsuit.
Under Section 3730(h) of the Act, any employee discriminated against may be entitled to reinstatement, double back pay and compensation for any special damages such as attorneys fees and litigation costs.
