The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 – 3733, imposes criminal and civil penalties on individuals and companies who knowingly submit a false claim to the government, cause another to submit a false claim to the government, or knowingly make a false statement to get a false claim paid by the government. The FCA allows private individuals to file a lawsuit – called a “qui tam” action – for violations of the FCA on behalf of the government. The person filing the qui tam action is referred to as the “relator.” After the qui tam complaint is filed, the government is required to investigate the allegations in the complaint and either intervenes in the action or declines to take over the action, in which case the relator proceeds with the litigation.
BMK has extensive experience representing whistleblowers/relators under the qui tam provisions of the FCA in multiple complex matters. Our firm served as lead counsel in United States of America, et al v. Celgene Corporation, Case No. 2:10-cv-03165-RGK-SS, filed in the United States District Court for the Central District of California. In this matter, Relator Beverly Brown filed a qui tam action against Celgene Corporation. The government declined to intervene in the case and, after the trial court denied Celgene’s motion for summary judgment and on the eve of trial, the case resulted in a $280 million settlement – the second largest recovery ever recorded in a non-intervened case brought under the FCA.
Our attorneys bring unparalleled experience, skills, and knowledge in the representation of qui tam whistleblower clients. We carefully analyze each case, investigate leads, and work with our qui tam clients to build the strongest case possible before filing a complaint. We then proceed to litigate the case on our own or work with federal prosecutors to aggressively pursue the defendants and achieve successful results for our relator clients and the government.