Q: additional claim under seal, qui tam FCA violation - federal question
How to add - to existing EMTALA federal case against one defendant - additional claim under seal, qui tam FCA violation against multiple defendants? What procedures and rules guide this process?
A:
To add a qui tam claim under the False Claims Act (FCA) to an existing EMTALA federal case, it's necessary to follow specific federal procedures. Firstly, a qui tam claim must be filed under seal, meaning it is not publicly disclosed and is kept confidential for a period specified by the court. This is done to allow the government time to investigate the claim and decide whether to intervene.
You will need to draft a complaint that outlines the FCA violation, ensuring it meets the stringent requirements for specificity under the FCA. The complaint should detail the fraudulent conduct, the parties involved, and how the government was defrauded. This complaint is filed separately from your existing EMTALA case, even if it involves the same defendant.
After filing the complaint under seal, you must also provide a written disclosure statement to the government. This statement should contain all the material evidence and information you possess regarding the FCA violations. The government then has a statutory period (usually 60 days, but it can be extended) to investigate and decide whether to intervene in the case.
If you're considering adding an FCA claim, it's crucial to consult with an attorney experienced in federal qui tam litigation. They can guide you through the complex process and help ensure your claim is properly presented to maximize the chances of a successful outcome. Remember, qui tam cases can be procedurally and legally complex, and expert guidance is essential.
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