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How to File

Anyone with information about fraud against the government may file a whistleblower lawsuit. This is best accomplished by contacting a qualified False Claims attorney who can evaluate your case and walk you through the proper steps.  Below is a summary of what to expect.

A False Claims lawsuit must be filed confidentially under seal in a federal district court.  However, if someone has already filed suit based on the same information, you can no longer bring a lawsuit. Also, under most circumstances, a whistleblower has six years from the date of the violation to file the suit.

The person filing the lawsuit, known as the relator, or their attorney, must then serve the U.S. Attorney General and U.S. Attorney in the district in which the complaint is brought with a copy of the complaint as well as a written statement disclosing all evidence and information the relator has in their possession.

After the lawsuit is filed with the court under seal, it cannot be viewed by the public and neither the relator nor their attorney can discuss the case with anyone other than the government officials investigating the case. The defendant – the company or person accused of committing fraud – is not even informed of the lawsuit. 

While the case is under seal, which initially last for 60 days but is often extended for years or more, the government investigates the fraud charges without alerting the defendant.

Once the investigation is over and the seal is lifted, the government will decide if it wants to join in the lawsuit or let the whistleblower proceed with the case on their own.  If the government intervenes, the case is handled jointly by them and the relator’s attorney.