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Whistleblower and qui tam laws let private individuals report fraud and other illegal conduct that harms taxpayers or the public. In the United States, these claims are frequently brought under the federal False Claims Act and under state laws such as the California False Claims Act. A qui tam suit is a type of whistleblower action where a private person, called a relator, files a civil lawsuit on behalf of the government to recover money that a person or company obtained through fraud. In Irvine, which falls under California and federal jurisdiction, relators may pursue state-level claims through the California False Claims Act and federal claims under the False Claims Act, and may also seek protections and remedies under California employment and whistleblower-protection statutes if they face retaliation.
Qui tam and whistleblower matters are legally complex and high-stakes. You may need a lawyer if you are considering or already pursuing a claim, or if you have experienced retaliation for reporting wrongdoing. Typical situations where legal help is important include:
- Preparing and filing a sealed qui tam complaint - which requires strict procedural compliance and careful factual presentation.
- Preserving evidence and advising on document-handling and confidentiality - mishandled evidence or premature disclosure can doom a case.
- Managing communication with government investigators - the government may investigate before deciding whether to intervene.
- Handling retaliation claims under California law, including wrongful termination, demotion, or other adverse actions by an employer.
- Assessing potential criminal exposure or defenses - some whistleblowers worry about their own role in the conduct they report.
- Negotiating settlements and calculating potential recoveries and attorney-fee arrangements - contingency-fee agreements, fee-shifting rules, and relator shares complicate the economics of a case.
- Coordinating parallel state and federal claims and understanding statute-of-limitations issues and venue considerations.
Several overlapping bodies of law are particularly relevant to whistleblowers and qui tam relators in Irvine.
- Federal False Claims Act - The federal False Claims Act allows private parties to sue on behalf of the United States to recover damages for false or fraudulent claims for government funds. Successful cases often result in treble damages and civil penalties. Relators may receive a percentage of the recovery; the exact share depends on whether the government intervenes and the relator's contribution to the case.
- California False Claims Act - California has its own False Claims Act that largely mirrors the federal law. The California Attorney General can investigate qui tam complaints after notification and decide whether to intervene. The state law provides civil penalties and damages, and a relator may receive a portion of any recovery.
- California whistleblower protections - California Labor Code section 1102.5 and related statutes protect employees from employer retaliation for reporting violations of law to government or law enforcement agencies, reporting to supervisors, or refusing to participate in illegal activity. These protections can support claims for reinstatement, back pay, emotional distress, and attorney fees.
- Federal and state whistleblower programs - Certain regulatory areas have specialized whistleblower channels and protections, such as healthcare fraud investigations pursued by the Department of Health and Human Services - Office of Inspector General, tax-related whistleblowers with the IRS Whistleblower Office, securities whistleblowers with the Securities and Exchange Commission, and others. These programs may provide monetary awards and separate protections.
- Procedural points - Qui tam complaints are typically filed under seal so government investigators can review the allegations without public disclosure. There are strict procedural rules on service, timing, and evidence preservation. Statutes of limitations for these claims vary by statute and by whether you file in state or federal court, so timeliness is critical.
A whistleblower is anyone who reports illegal or improper conduct. A qui tam relator is a whistleblower who files a civil lawsuit on behalf of the government under a false-claims statute. All qui tam relators are whistleblowers, but not all whistleblowers file qui tam suits.
No. Qui tam complaints must identify the relator. However, the complaint is filed under seal initially to allow government investigation before public disclosure. Your lawyer will advise how to protect sensitive information and minimize immediate public exposure.
Typical examples include false billing or coding in healthcare programs, procurement fraud in government contracts, tax fraud, grant misuse, and other schemes that result in false claims for government money or property. The fraud must usually involve a false statement or fraudulent act that caused the government to pay or lose money.
Recovery varies. Under federal law, a successful relator typically receives 15-25% of the government recovery if the government intervenes, and 25-30% if it does not intervene, depending on contribution. California law provides a similar structure, with percentage ranges that depend on government intervention and the relator's role. The defendant may also owe treble damages and civil penalties that increase the total recovery from which the relator’s share is calculated.
California law forbids employer retaliation against employees who report violations of law to government agencies or supervisors. Remedies can include reinstatement, back pay, compensatory damages, punitive damages in some cases, and attorney fees. You should document adverse actions and consult a lawyer promptly to preserve those claims.
Timelines vary widely. The government’s investigation during the seal period can take months to years. If the government intervenes, litigation may proceed more quickly; if it declines, the relator must carry the case and the timeline may be longer. Cases can last several years, especially if there are appeals or complex discovery disputes.
No. Qui tam actions are civil, not criminal. You must prove by a preponderance of the evidence that the defendant made false claims or caused false claims to be submitted. Criminal prosecutions are handled separately by prosecutors and require a higher standard of proof.
Relators who participated in wrongdoing can face difficult choices. Some statutes bar relators who are primarily responsible for the fraud from recovery, and your participation might lead to counterclaims or criminal referrals. A lawyer can evaluate risks, potential defenses, and whether you remain eligible for a relator share.
Most relator lawyers work on contingency-fee agreements, meaning they take a portion of any recovery and advance case costs. Contingency percentages typically range depending on the case and whether the government intervenes. If there is no recovery, you normally will not owe attorney fees, but you may be responsible for litigation costs advanced on your behalf depending on the agreement. California and federal statutes also allow prevailing whistleblowers to recover reasonable attorney fees in some situations.
Do not contact target government agencies or relevant investigators directly without counsel. Qui tam complaints must be filed under seal and served on the appropriate government office, such as the Department of Justice for federal claims or the California Attorney General for state claims. A qualified lawyer will prepare the sealed complaint and coordinate communication with the government.
When seeking information or help, the following organizations and offices are relevant in Irvine and California. These resources can help you understand your options and identify the right authorities for different kinds of misconduct.
- U.S. Department of Justice - Civil Division, which handles federal False Claims Act enforcement.
- United States Attorney’s Office for the Central District of California, which investigates and prosecutes federal fraud matters in the region that includes Orange County.
- California Attorney General - Public Rights Division or other state units that handle California False Claims Act matters and state-level investigations.
- California Labor and Workforce Development Agency and the California Department of Industrial Relations for employment-related protections and retaliation claims.
- Federal agencies with whistleblower programs depending on the subject matter: Department of Health and Human Services - Office of Inspector General for healthcare fraud, Internal Revenue Service Whistleblower Office for tax fraud, Securities and Exchange Commission for securities violations, and others.
- Orange County Bar Association Lawyer Referral Service and the State Bar of California Lawyer Referral Service to find qualified local counsel experienced in qui tam and whistleblower law.
- Local legal aid providers and law school clinics for low-income individuals who may need limited-scope advice or representation in certain matters.
If you believe you have information about fraud or have suffered retaliation for reporting wrongdoing, take the following steps:
- Preserve evidence - Secure copies of emails, billing records, contracts, timesheets, or any documents that support your allegations. Make backup copies and note where originals are located. Do not destroy or alter documents.
- Keep a contemporaneous diary - Record dates, times, participants, and descriptions of meetings, conversations, and actions relevant to the misconduct and any retaliation.
- Do not discuss the matter publicly - Avoid discussing the allegations on social media or with coworkers who are not part of the investigation. Public disclosure before or during a sealed qui tam process can jeopardize the case.
- Contact an experienced whistleblower or qui tam attorney in Irvine or Orange County - Look for counsel with specific qui tam experience and knowledge of federal and California statutes, procedural practices, and interactions with the relevant government agencies.
- Follow your attorney’s instructions about communications and next steps - Your lawyer will evaluate your evidence, advise whether to file a sealed complaint, coordinate with government investigators, and discuss potential risks and benefits of pursuing a case.
- Consider parallel claims - If you have been retaliated against, your lawyer can evaluate employment-law claims under California statutes separately from your qui tam claim and pursue both where appropriate.
Pursuing a whistleblower or qui tam action can be powerful but complicated. An experienced attorney can protect your rights, preserve evidence, and guide you through the process so you are informed and prepared at every stage.
