Qui Tam claims in New Jersey require your whistleblower lawyer to have knowledge of complicated laws and procedure. The claims can be hard to prove because the wrongdoer is deceptive. The claims can take years before there is a resolution. Some of the factors that need to be evaluated in Qui Tam cases are:

Where will the case be tried? There are a lot of legal and practical issues to be reviewed before choosing where to file a Qui Tam claim. These are some of the top concerns:
- Where should the claim be brought:
  - Federal court – Most Qui Tam claims are tried in federal court. Most DOJ lawyers are comfortable in federal court.
  - State court – Is the state or local government a victim? If so, then filing in that state can help?
- What are the location options?
  - Where the defendant is incorporated
  - Where one of the defendant’s offices is
  - Where the wrong occurred.
- What’s the reputation and experience of the local US Department of Justice Office in getting interventions approved? Do the DOJ lawyers like working with private attorneys?
What’s the likelihood of success?
- There are much higher success rates and less costs if the US Department of Justice “intervenes.” Also, it’s much tougher to get the evidence you need if you don’t have the US Department of Justice to help.
- Know what the US DOJ is looking for:
  - What was the government harm?
  - What is the evidence?
  - Is the case worth the expense?
  - Is public safety involved in addition to money loss?
  - Is the wrongful conduct a pattern?
  - Who are the witnesses? The government should approach the witnesses, not the claimant.
  - Which other statutes besides the False Claims Act might apply?
  - Credibility – The DOJ needs to know the claimant is credible and willing to cooperate.
Can the disclosure statement requirements be met? This is the statement the Qui Tam plaintiff and counsel prepare detailing the evidence against the defendant(s).
Can the claimant prove the claim? A good qui tam lawyer will know the law, rules and regulations.
The more facts and details the claimant provides, the better to win the potential “first filing” issue.

Are there Grounds for Dismissal?
- Failure to timely file – your legal counsel should be able to explain the time limits and the steps needed to stop any statutes of limitations from running.
- Has there been public disclosure?
  - If there hasn’t been public disclosure, then the claimant doesn’t need first hand knowledge.
  - If there has been public disclosure, then the claim must have first hand knowledge. Be careful of disclosure by:
    - Social media
    - Conversations
- Did someone else file first?
  - Does the client know if anyone else has filed?
  - Is there another proceeding or anything indicating an ongoing investigation?

Why should claimants use skilled Qui Tam lawyers?

To decide when and where the claim should be filed
To evaluate the likelihood of success
To prepare the disclosure statement
To minimize the grounds for dismissal

How Begelman & Orlow Can Help

If you think you have a whistleblower claim or you have been retaliated against because you brought a whistleblower claim, contact the lawyers at Begelman & Orlow, P. C.. Our lawyers have over 115 years experience protecting your rights. Call us at 866-627-7052 now. We have offices in Cherry Hill, New Jersey and Conshohocken, Pennsylvania.