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Whistleblowers Going It Alone - Best Year Ever For Relators Suing Without Government Support

For many False Claims Act attorneys, the business plan has been simple:
  1. Meet whistleblower
  2. Investigate claims
  3. Write complaint and submit it
  4. Wait for the Government to take the case (what's called "intervening")
  5. Profit!
If the Government declines to take the case, a whistleblower has the chance to step into the Government's shoes and litigate the case on behalf of the Government. But many lawyers will not take a case that the Government declines.
There are good reasons for this. It is expensive; the Defendant will constantly remind the court that the Government did not consider it a case worth pursuing; and time is better spent investigating a new case.  Unfortunately for many whistleblowers, this means very good False Claims cases die on the vine.
This year, however, has been a banner year for lawyers like us who take on cases the Government has declined. According to the Justice Department's end of year summary, released this week, this was the biggest year ever for declined cases.  Cases in which the whistleblowers went it alone returned more than $2.1 billion to U.S. taxpayers.  
For whistleblowers, that has meant they were rewarded more than $538 million for bringing forward the information, and their lawyers prosecuting their cases. 
The U.S. False Claims Act is a tricky act, fraught with traps that can kill a case. It is critical for a whistleblower to contact a lawyer experienced in the False Claims Act.
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