What Is The False Claim Act’s First To File Rule?
The False Claims Act’s First To File Rule
The federal False Claims Act (FCA) has a “first-to-file” provision intended to bar “copycat” qui tam lawsuits. 31 U.S.C. §3730(b)(5). The FCA provides that a qui tam whistleblower cannot “intervene or bring a related action based on the facts underlying” a pending qui tam action.
What this means is that, if, before you file your qui tam lawsuit, someone else files a False Claims Act lawsuit alleging the same fraud or helps to publicize or make public qui tam allegations similiar to yours, you may lose your right to bring a qui tam law suit.
Because only the first-filed case will generally survive, there is a jurisdictional “race to the courthouse” to avoid being barred from filing suit. Unfortunately, it is often difficult, if not impossible, to know at the time your lawsuit is filed whether anyone else has filed the same lawsuit since false claims act lawsuits are required to be filed under seal and often remain under seal for a substantial length of time while the Government investigates the case.
Therefore, if you think you may have a false claim act case, it is in your interest to act quickly.
If you have knowledge about a company or companies that committed fraud against a federal, state or local government or agency by providing false information to obtain government money, become a false claims act, whistleblower plaintiff or qui tam relator today!
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Become A Whistleblower, Report Fraud Committed Against The Government and Recover A Whistleblower Reward For Successfully Bringing A Qui Tam or False Claims Act Lawsuit and Recovering Money On Behalf Of The Government:
–Contact A Whistleblower Lawyer & False Claims Act Attorney–
