Difference between revisions of "False Claims Act"

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'''Failure to file under seal could potentially jeopardize a relator’s ability recover a whistleblower bounty,''' but the False Claims Act does not require automatic dismissal for a seal violation.
'''Failure to file under seal could potentially jeopardize a relator’s ability recover a whistleblower bounty,''' but the False Claims Act does not require automatic dismissal for a seal violation.


[https://www.zuckermanlaw.com/false-claims-act-whistleblower-retaliation-lawyer/ A False Claims Act retaliation claim] can also be filed under seal (in conjunction with a qui tam action).
[https://www.zuckermanlaw.com/false-claims-act-whistleblower-retaliation-lawyer/ '''A False Claims Act retaliation claim'''] can also be filed under seal (in conjunction with a qui tam action).


To initiate a [https://www.zuckermanlaw.com/sp_faq/qui-tam-lawsuit/ '''False Claims Act qui tam action,'''] the relator (whistleblower) must serve a copy of the qui tam complaint along with a “written disclosure of substantially all material evidence and information the [relator] possesses” on the Government. 31 U.S.C. § 3730(b)(2).  The complaint remains under seal for at least 60 days, and shall not be served on the defendant.  During this 60-day period, the Government is charged with investigating the allegations and “may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal.” 31 U.S.C. §§ 3730(b)(2), (3).
To initiate a [https://www.zuckermanlaw.com/sp_faq/qui-tam-lawsuit/ '''False Claims Act qui tam action,'''] the relator (whistleblower) must serve a copy of the qui tam complaint along with a “written disclosure of substantially all material evidence and information the [relator] possesses” on the Government. 31 U.S.C. § 3730(b)(2).  The complaint remains under seal for at least 60 days, and shall not be served on the defendant.  During this 60-day period, the Government is charged with investigating the allegations and “may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal.” 31 U.S.C. §§ 3730(b)(2), (3).