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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
