Qui tam

Strategic Defense in Whistleblower & False Claims Act Matters

Qui tam actions — brought under the federal False Claims Act (FCA) and similar state statutes — allow private whistleblowers (relators) to file lawsuits alleging fraud against the government. These cases can expose businesses and individuals to significant financial penalties, treble damages, civil penalties, and reputational harm.

Bean, Kinney & Korman represents government contractors, healthcare providers, businesses, executives, and professionals in qui tam and False Claims Act litigation throughout Maryland, Virginia, and the Washington, D.C. region. We provide strategic counsel from the earliest stages of investigation through litigation and resolution.

Our team understands the unique intersection of federal procurement law, regulatory compliance, and civil enforcement that defines FCA matters.

Qui Tam & False Claims Act Services

Early-Stage Investigation & Risk Assessment

Evaluation of potential FCA exposure
Analysis of billing and reimbursement practices
Government contract compliance review
Internal investigation and privilege protection

Early intervention can shape the trajectory of a qui tam matter.

Civil Investigative Demand (CID) Response

Strategy development upon receipt of a CID
Scope and objection analysis
Document preservation and production planning
Coordination with DOJ and agency counsel

Effective response requires careful balance between cooperation and defense.

Defense of False Claims Act Litigation

Motion practice (including dismissal strategy)
Government intervention analysis
Settlement negotiation
Trial representation in federal court

We tailor defense strategy to the facts, regulatory framework, and business impact.

Government Contractor FCA Defense

Alleged misrepresentations in bids or certifications
Cost accounting and billing disputes
Compliance with FAR and related regulations
Small business status and subcontracting claims

Government procurement cases often require technical regulatory fluency.

Healthcare & Reimbursement FCA Defense

Medicare and Medicaid billing claims
Reimbursement documentation disputes
Regulatory compliance analysis
Parallel administrative proceedings

Healthcare-related FCA claims require both regulatory and litigation expertise.

Parallel Criminal & Civil Exposure

Coordination with white-collar defense strategy
Risk mitigation planning
Executive representation
Privilege and internal investigation management

Some FCA matters may overlap with criminal inquiry — strategic coordination is essential.

Who We Represent

Our Qui Tam practice serves:

Government contractors and subcontractors
Healthcare providers and medical groups
Construction and infrastructure firms
Technology and professional services companies
Financial services organizations
Corporate officers and executives
Nonprofit entities receiving government funds

We focus primarily on defense of organizations and individuals facing whistleblower claims.

Industries Served

Qui tam and FCA matters commonly arise in:

Government contracting and defense procurement
Healthcare reimbursement systems
Construction and infrastructure funded by public contracts
IT and cybersecurity services for government agencies
Research and grant-funded organizations
Professional and consulting services

Industry-specific regulatory frameworks inform defense strategy.

Qui Tam & False Claims Act FAQs

What is a qui tam lawsuit?

A qui tam lawsuit is a whistleblower action filed under the False Claims Act alleging fraud against the government. The whistleblower may receive a portion of any recovery if the case succeeds.

What is the False Claims Act?

The False Claims Act is a federal statute that imposes liability for knowingly submitting false claims for payment to the government. Violations can result in treble damages and civil penalties.

What happens if the government intervenes in a qui tam case?

If the Department of Justice intervenes, it takes over primary responsibility for prosecuting the case. If it declines, the whistleblower may proceed independently.

Can a company be liable for compliance mistakes?

Liability typically requires proof of knowing submission of false claims. However, compliance failures can increase risk exposure. Early legal review is critical to assess intent and materiality.