The federal government is continuing to rely heavily on whistleblowers in 2024. While there are now several federal whistleblower programs, the qui tam provisions of the False Claims Act remain among the government’s most potent weapons for fighting fraud, waste, and abuse (FWA) through administering qui tam actions. The Federal False Claims Act qui tam provisions also provide several incentives for whistleblowers to come forward with qui tam cases, including the protection of qui tam complaints “under seal,” prohibition against whistleblower retaliation, and compensation of qui tam whistleblowers who assist with the recovery of taxpayer and government funds through a qui tam action.

But, for those who are thinking about coming forward under the False Claims Act, securing protected whistleblower status is not simply a matter of reporting FWA to the government. False Claims Act whistleblowers (or qui tam “relators”) must meet several substantive and procedural requirements, and they must be prepared to provide ongoing assistance with the government’s investigation and enforcement efforts. If the government declines to intervene, they must also be prepared to pursue their qui tam lawsuits independently. As a result, there are several considerations involved, and prospective whistleblowers must ensure that they make an informed decision about whether to file a qui tam lawsuit.

“Whistleblowers play a critical role in helping the federal government uncover violations of the False Claims Act. Under the False Claims Act’s qui tam provisions, eligible whistleblowers can receive up to 30 percent of the government’s recovery when their qui tam lawsuits are successful.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

With all of that said, for those who have information about violations of the False Claims Act, coming forward is important. Fraud, waste, and abuse under federal contracts, grants, and programs cost taxpayers hundreds of billions of dollars per year—and the government simply doesn’t have the resources or the authority required to uncover all fraudulent claims on its own. As a result, whistleblowers play a key role in the government’s fight against FWA, and coming forward is unquestionably the right thing to do.

Here are 10 tips for individuals who are thinking about filing a qui tam lawsuit in 2024:

1. Your First Step Should Be to Determine Your Eligibility to File a Qui Tam Lawsuit

Before you begin the process of preparing a complaint, you should first ensure that you are eligible to file a qui tam lawsuit. While most people are generally eligible, there are exceptions for individuals in certain positions who have affirmative obligations to report FWA or who were directly involved in the FWA in question.

Additionally, to serve as a qui tam whistleblower, you must have “original information” that you are prepared to share with the federal government. If the government already has the information that you are able to provide, or if the government is already investigating the matter at issue, then you may not be eligible to file a qui tam lawsuit.

2. If You Aren’t Eligible to File a Qui Tam Lawsuit, You May Be Eligible to File a Different Type of Federal Whistleblower Complaint

Along with assessing your eligibility to file a qui tam lawsuit, you will want to assess your eligibility to file other types of whistleblower complaints as well. The U.S. Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Internal Revenue Service (IRS), and various other federal agencies have whistleblower programs that allow private citizens and government employees to report violations that aren’t covered under the False Claims Act. So, even if you aren’t eligible to serve as a qui tam relator, you may still be able to serve as a federal whistleblower under another federal program.

3. You Can (and Should) Hire a Federal Whistleblower Lawyer to Represent You at No Out-of-Pocket Cost

To accurately assess your eligibility and make informed decisions about your next steps, you will want to work closely with an experienced federal whistleblower lawyer. You can (and should) hire a federal whistleblower lawyer to represent you at no out-of-pocket cost. If you file a qui tam lawsuit (or other whistleblower complaint) and become eligible for an award, your legal fees will be calculated as a percentage of the amount your lawyer helps you secure from the government.

While hiring a lawyer to represent you is not required, it is strongly recommended. From determining your eligibility to drafting your complaint and communicating effectively with the federal government, there are several ways an experienced whistleblower lawyer will be able to help you.

4. Your Attorney Can Make Contact with the U.S. Department of Justice (DOJ) Before Filing Your Qui Tam Lawsuit

Since you must be able to submit “original information” to qualify as a qui tam whistleblower, it will often make sense to contact the DOJ before you file a qui tam lawsuit. By engaging a lawyer to communicate with the DOJ on your behalf, you can ensure that you will qualify for protection as a whistleblower before taking any next steps. Your lawyer will be able to protect your identity while engaging with the DOJ informally; and, if the DOJ confirms that your information will be treated as “original information,” then you can work with your lawyer to file your qui tam lawsuit and secure protected whistleblower status promptly.

5. You Will Need to Assist the Federal Government with Protecting Your Identity

When you file a qui tam lawsuit in federal district court, your lawsuit is automatically kept “under seal” for 60 days. This means that the contents of your lawsuit will only be accessible to the federal government. However, it is up to you to take the necessary steps to secure continued protection before this initial 60-day period expires. You must file a motion to request an extension—and the court can only keep your lawsuit under seal after 60 days if you do so.

6. You Will Need to Be Careful to Protect Yourself in Other Ways as Well

Along with ensuring that you keep your qui tam lawsuit “under seal” for as long as possible, you will need to be careful to protect yourself in other ways as well. For example, you will need to be careful not to disclose your identity as a qui tam relator—whether intentionally or inadvertently. Once your identity has been publicly revealed, there is no way to “undo” the disclosure. However, the False Claims Act’s anti-retaliation provisions will still apply.

When serving as a qui tam relator, you must also be careful not to obtain information for disclosure to the federal government through improper or prohibited means. While companies generally can’t use non-disclosure agreements (NDAs) to cover up unlawful practices, improperly taking or copying corporate records or data could expose you to negative ramifications in some cases. An experienced whistleblower lawyer should be able to help you here as well.

7. Ensuring that You Meet All Filing Requirements Will Help Ensure that the Process is as Smooth and Efficient as Possible

When you file a qui tam lawsuit in federal district court, you must also serve copies of your complaint on the Attorney General and the United States Attorney. Along with copies of your complaint, you must provide a "written disclosure of substantially all material evidence and information” you have in your possession as well.

But mistakes are common. For example, as the DOJ notes, “relators frequently fail to serve the Attorney General or delay in doing so.” This creates problems for the DOJ—which must conduct an investigation within 60 days or else request an extension “for good cause shown”—and it can lead to unnecessary complications and delays. With this in mind, you should ensure that you meet all filing requirements so that the process is as smooth and efficient as possible.

8. You Should Ensure That You Have Reasonable Expectations and a Clear Plan Before You Start the Process

As a qui tam relator, having reasonable expectations is important. You need to know what to expect (and what not to expect) from the government so that you can plan accordingly. Having a clear plan is critical as well. For example, if the government declines to intervene, you will need to have a clear understanding of the steps you need to take to pursue your qui tam lawsuit independently.

9. You Should Be Prepared to Play an Active Role in All Stages of the Process

From the government’s investigation to its decisions regarding intervention and compensation, you should be prepared to play an active role in all stages of the process. Filing a qui tam lawsuit is not a one-time event, but rather an ongoing process that requires ongoing attention and involvement.

10. Providing as Much Assistance as Possible During the Government’s Investigation Will Help to Maximize the Amount of Your Qui Tam Relator Award

Under the False Claims Act, qui tam relators are generally eligible to receive between 15 percent and 30 percent of any amounts they help the federal government recover. This is a wide range, and the difference between 15 percent and 30 percent can be hundreds of thousands, if not millions, of dollars. While the DOJ considers several factors when determining qui tam relator awards, one of the most important factors is the level of assistance that the relator provided throughout the process.