People considering becoming whistleblowers to expose a government fraud often ask what the process will be like. They want to know what it is like to be a relator in a False Claims Act, or qui tam, case. While no one answer to that question fits all situations, there are some general answers that tend to hold true across the cases. I can think of three words to describe the experience – work, patience, and satisfaction.
The “work” phase of the case involves working with counsel and then government lawyers and investigators to explain, understand, and develop the facts of the case. The work in a False Claims Act case usually begins when the relator collaborates with his or her legal team to put together the complaint and the disclosure statement, which become the roadmap for government lawyers and investigators. The work continues when the whistleblower teaches the government about the fraud, the key facts, and the key players. And the work frequently recurs sporadically during the government’s investigation, as the relator and counsel respond to government questions about documents and interview statements.