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The Whistleblower Lawyer

Possible Changes in Whistleblower Action Trends?

Shocking Wrongdoing Alleged in Whistleblower Pharma Case

It’s heartening to discover that, in fiscal year 2015 and for the fourth consecutive year, the Department of Justice (DOJ) recovered over $3.5 billion in settlements and judgments that arose from claims brought under the False Claims Act (FCA). While the 2015 amount doesn’t come close to matching the record $5.7 billion recouped during the previous year, altogether the federal government has recaptured $26 billion since the 2009 amendment to the FCA known as the Fraud Enforcement and Recovery Act.

The year 2015 saw another milestone as well: it was the sixth consecutive year that new cases brought under the FCA’s qui tam provisions exceeded 700. Qui tam provisions allow whistleblowers—also called relators—to bring cases on behalf of the government and share in any financial settlement or judgment.

Remember that recovered $3.5 billion?

About 81 percent of it, or $2.9 billion, came from qui tam FCA suits—the cases first brought by whistleblowers—and relators received over $597 million total, a new record. However, sometimes the government declines to intervene, leaving a relator or relators to continue bringing the suit themselves. In fiscal year 2015, $1.1 billion was recovered in such cases, another record figure.

How 2015’s Whistleblower Actions May Mean Changing Trends

Why are we telling you all of these facts and figures? Because the FCA recoveries that occurred during 2015 appear to have produced some new trends:

  • Even when the government refuses to intervene, relators seem more willing than previously to continue bringing their false claims suits. Not only did the number of qui tam cases with no government intervention increase during 2015, there was also a significant rise in recoveries in such declined cases. This trend is encouraging to the whistleblower thinking of going it alone when the government declines to intervene in their case.
  • It is likely that the DOJ will continue to support FCA suits due to the significant number of cases filed in the past six years. This increase in cases is absolutely a new trend. Before 2010, only one year had seen more than 700 FCA claims; the last six years have all seen more than 700 FCA claims.
  • FCA cases garnered increased attention during 2015, especially those involving many millions of dollars. More government attention will likely continue to be focused on FCA cases. It’s probable we will see an ever-growing enforcement of anti-fraud statutes in the future.

How Does All of This Affect Me?

The bottom line is, if you believe you have actionable information for a qui tam whistleblower case, there may never be a better time than now to bring your suit. The DOJ and other federal authorities appear determined to investigate fraud and pursue false claims against the government. We believe this development should encourage all whistleblowers to come forward. Even though government takeover of your case is not guaranteed, a good legal team has a number of ways in which they can help convince the government to intervene.

Seeking truth. Securing justice.

If you think you have the facts needed to bring a whistleblower case, the experienced whistleblower attorneys at the Louthian Law Firm can review your case and help you file the appropriate disclosure statement. Under some circumstances, the government will intervene, or join in your lawsuit.

Your chances of succeeding are greater if your whistleblower claim is substantive, clear, and to the point. Because of this, meeting with a qualified whistleblower attorney can increase your chances of winning. The Louthian Law Firm can help you form your claim so that the government will be more inclined to intervene in your case; government intervention can sometimes increase the chances of recovering reward money. Even if the government decides not to intervene, it could still be a good idea to pursue your case without government involvement. Our strong support system can assist you through every step of the process.

For a free, confidential evaluation of your case, call the Louthian Law Firm today at 1-888-440-3211 or, if you prefer, you can fill out our online contact form.

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