How to File a Qui Tam Lawsuit in Nebraska Under the False Claims Act: Timelines and Procedures

Understanding the False Claims Act in Nebraska

When an individual discovers that a business or contractor is defrauding the federal government, the law allows them to file a lawsuit on the government's behalf. This is known as a 'Qui Tam' lawsuit, authorized by the federal False Claims Act under 31 U.S.C. § 3730. Because these cases involve taxpayer money and complex federal rules, you absolutely cannot file a Qui Tam case on your own (pro se). You must have a lawyer. If you have evidence of government fraud, you can browse our directory to find a highly qualified local attorney to review your claim and file the necessary paperwork.

Common Types of Government Fraud

Fraud against the government takes many forms. In Nebraska, whistleblowers commonly uncover deceptive practices in industries ranging from agriculture to defense. A successful case must show that the company knowingly submitted false bills or claims to a government agency.

Defense Contractor Fraud

With Offutt Air Force Base located in Bellevue, Nebraska is home to numerous defense and aerospace contractors. Fraud in this sector can include overbilling for parts, supplying defective military equipment, or falsifying testing records. If a contractor knowingly provides sub-standard materials while charging the Department of Defense for premium goods, they are violating federal law. Whistleblowers, often employees of the contractor, play a vital role in exposing these costly schemes.

Federal Highway Grant Fraud

Nebraska relies heavily on federal grants to maintain massive infrastructure, including Interstate 80. Construction companies that win federal or state contracts must abide by strict labor and material standards. Fraud occurs when a company uses inferior paving materials but bills the Federal Highway Administration, Lincoln for high-grade asphalt, or when they falsify minority-owned business certifications to secure government bids. Reporting this ensures public safety and protects taxpayer funds.

Medicare Billing Scams

Healthcare is one of the most common sectors for Qui Tam lawsuits. Hospitals, clinics, and pharmacies in Omaha or Grand Island might engage in 'upcoding'-billing Medicare or Medicaid for a more expensive procedure than the patient actually received. Other scams include billing for 'ghost patients' or paying illegal kickbacks to doctors for patient referrals. Uncovering these schemes helps preserve critical healthcare resources.

Step-by-Step Procedure for Filing a Claim

Filing a Qui Tam lawsuit involves a highly secretive and specialized legal process. Doing this incorrectly can instantly ruin your case and void any potential financial reward.

Step 1: Gathering Evidence Lawfully

Before filing, your lawyer needs hard evidence, such as emails, internal memos, or billing spreadsheets. However, you must never steal documents or violate confidentiality laws in a way that breaks the law. Your attorney will guide you on how to safely and legally preserve the evidence of the fraud.

Step 2: The 'First to File' Rule

Under 31 U.S.C. § 3730(b)(5), the False Claims Act has a strict 'first to file' rule. If multiple people discover the same fraud, only the very first person who files the lawsuit in federal court is eligible to receive a financial reward. This makes time of the essence. You cannot wait to see if someone else reports it; you must act swiftly.

Step 3: Filing Under Seal

Your attorney will draft a formal complaint and file it 'under seal' at a federal courthouse, such as the U.S. District Court for the District of Nebraska, Omaha or the U.S. District Court for the District of Nebraska, Lincoln. Your lawyer will likely file a Form JS 44, FED, U.S. District Court, Civil Cover Sheet along with the complaint. 'Under seal' means the lawsuit is entirely secret. The company you are suing will not even know they are being sued, and the court records remain completely hidden from the public.

Step 4: The DOJ Investigation Phase

Once filed, the Department of Justice (DOJ) receives a copy of your complaint and evidence. By law, they have 60 days to investigate the allegations. However, the DOJ almost always asks the federal judge for extensions. This investigation phase can last for months or even years. During this time, the DOJ will subpoena records, interview witnesses, and decide if they want to 'intervene' (take over) the lawsuit.

Frequently Asked Questions (FAQ)