Whistleblower and False Claims Act Litigation

The False Claims Act (“FCA”) offers incentives to whistleblowers or “relators” who report fraud or false claims that have been submitted to the government. As a general rule, only the first person to file a claim is entitled to this reward. Additionally, the FCA establishes protections for whistleblowers, including protection from discharge, demotion, or other discrimination as a result of providing this information.

Wyche is experienced in representing whistleblowers in the litigation of cases brought under the FCA, often referred to as “qui tam” cases. Qui tam is short for the Latin phrase "qui tam pro domino rege quam pro se ipso in hac parte sequitur," meaning "he who sues on behalf of the king as well as for himself." Qui tam actions allow a whistleblower to bring legal claims on behalf of the government against individuals or companies that have defrauded the government. As a whistleblower, you may do the right thing, save taxpayers money, and potentially receive a reward from the government.

Bringing a qui tam case requires specific experience with the False Claims Act as well as resources to investigate the fraud, because the government will not step in to take over the case until its merits have been established. John Moylan, our lead contact in this area, has handled FCA cases for over 20 years and successfully brought what was, at the time, the largest FCA healthcare fraud case in South Carolina’s history. If you are aware of fraud against the government, let Wyche’s team of experienced qui tam lawyers help you evaluate your case and pursue the matter with sensitivity and skill.

Representative matters include:

  • Represented the plaintiff in a qui tam lawsuit under the Federal False Claims Act resulting in a $1.2 million settlement.
  • Represented the plaintiffs in a qui tam lawsuit filed under the Federal False Claims Act that resulted in the largest healthcare settlement in the history of South Carolina at the time.
  • Responsible for representing whistleblower, Ken Lohr, who filed suit in the Eastern District of North Carolina alleging that an ambulance company has fraudulently billed the United States government. Attorneys John Moylan, Tally Parham, and Mark Bakker formed the team to represent Lohr in the case. The government ultimately intervened in the case. This article describes the government's decision to intervene.

Keep in mind that the outcome of a particular case cannot be predicted upon past results, as every case is different and must be evaluated separately, upon a variety of factors unique to each case. Read more in our legal disclaimer.