January 11, 2018 - Posts

More and More Whistleblowers are Litigating Declined Cases

We reported last week that newly released numbers from the Department of Justice show that the United States recovered over $3.7 billion from False Claims Act fraud cases in 2017.


Contained within that same DOJ Report is another impressive number: $425,767,335. That is the amount of money whistleblowers recovered for the government in “declined” cases last year—i.e. cases where the government declined to intervene and take over the litigation.  At the beginning of last year, we predicted that this would be a major trend to watch, and it looks like we got that prediction right.  The $425,767,335 recovered in declined cases last year is the second most of all time—topped only by the $500+ million recovered in 2015—and significantly higher than the prior ten-year average.


There is no single reason for this trend, but one contributing factor is the increasing number of qui tam whistleblower cases being filed.  The government has only limited resources, so as more and more cases get filed, more good cases are being declined for reasons having nothing to do with their merits.  That is all the more reason why whistleblowers should do their homework and pick experienced attorneys who can keep litigating on their behalf.


To learn more about our Whistleblower & Qui Tam practice click here.  Our firm is located in Nashville, Tennessee but we represent whistleblowers all around the country.

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