How to File a False Claims Act Lawsuit in Georgia (Step-by-Step)
Fraud against the government costs U.S. taxpayers billions of dollars each year. Whether it’s a hospital submitting false Medicare claims or a contractor overbilling on federal defense projects, this kind of deception drains public resources and erodes trust. Fortunately, both federal and state laws empower private citizens to expose these wrongs.
Under the federal False Claims Act, whistleblowers in Georgia and other states can file a qui tam lawsuit to report fraud and potentially receive a portion of the recovered funds.
What Is the False Claims Act?
The False Claims Act (FCA) is a federal law that allows individuals to sue companies or individuals who knowingly submit false claims for government funds. This includes billing fraud, false certifications, kickbacks, and more. FCA violations are commonly found in:
- Medicare and Medicaid billing
- Federal defense and construction contracts
- COVID-19 relief programs (PPP, EIDL loans)
- Government grant programs
- Procurement fraud
Georgia also has a state version of the FCA that applies specifically to Medicaid fraud. If the fraud targets both state and federal programs, a single lawsuit can address both.
Why File a Qui Tam Lawsuit?
A qui tam lawsuit allows a private citizen (called a relator) to bring forth a claim on behalf of the government. If the case is successful, the whistleblower may be awarded 15–30% of the total amount recovered.
Beyond the financial incentives, many whistleblowers come forward out of a sense of integrity—to stop illegal conduct and protect public resources. That said, reporting fraud is not without risk, and following the proper qui tam action steps is essential for safeguarding your rights.
Filing a False Claims Act Lawsuit
Step 1: Identify the Fraud
Before filing anything, gather as much evidence as possible. Common red flags of Georgia federal fraud include:
- Billing for services not rendered
- Upcoding medical services to receive higher reimbursement
- Knowingly selling defective goods to the government
- Double-billing
- Falsifying cost reports or employee hours
The more detailed and well-documented your evidence, the stronger your whistleblower complaint will be. This can include emails, billing records, contracts, invoices, and internal reports.
Step 2: Contact an Experienced FCA Attorney
Qui tam lawsuits are highly technical and must follow strict procedural rules. You are required to file under seal (in secret), and your case must be compelling enough for the government to consider intervening.
At Butler Prather LLP, we represent whistleblowers through every step of the process, from case development to litigation or settlement. We know how to ensure your complaint complies with the FCA’s complex rules so we can maximize your chances of success and protection.
Step 3: Prepare the Complaint and Disclosure Statement
To officially file a False Claims Act lawsuit, your attorney will prepare two critical documents:
- The Complaint: A detailed legal document outlining the fraudulent conduct and naming the responsible parties.
- The Disclosure Statement: A confidential memo submitted to the U.S. Attorney and Department of Justice (DOJ) summarizing all relevant evidence, including supporting documents.
These documents are filed under seal, meaning the defendant will not be notified while the government investigates.
Step 4: File the Complaint in Federal Court
The FCA requires filing in a U.S. District Court. Your case must be filed in the proper jurisdiction, which is usually the location of the defendant or where the fraudulent activity occurred. But for most Georgia whistleblower claims, this means filing in one of the federal district courts covering Atlanta, Columbus, Macon, Augusta, or Savannah.
Once filed, the court issues a seal order, and the case is kept confidential for at least 60 days (though extensions are common).
Step 5: Government Investigation
During the sealed period, the DOJ (and state Attorney General, if applicable) investigates your allegations. This may involve:
- Subpoenaing documents
- Interviewing witnesses
- Consulting with agency experts
- Comparing billing records with actual services
You may be asked to provide additional information or participate in interviews. This period can last several months or even years.
What Happens Next?
After completing its investigation, the government has three options.
The Government Intervenes
If the DOJ believes your case has merit, it will take over the litigation. This significantly increases the odds of a favorable outcome.
The Government Declines to Intervene
If the government declines, you still have the right to pursue the case privately, with the help of your attorney. Successful whistleblowers in non-intervened cases may receive a larger share (up to 30%) of any recovery.
The Case Gets Settled
In many instances, the government negotiates a False Claims Act settlement before trial, especially in cases involving large corporations or healthcare providers.
Reporting Medicare Fraud in Georgia
One of the most common types of FCA cases in Georgia involves Medicare fraud. In these cases, healthcare providers might:
- Bill for unperformed procedures
- Misrepresent diagnoses to increase reimbursement
- Perform unnecessary tests
- Inflate the cost of care
If you work in a hospital, private clinic, or billing office and notice suspicious practices, you may have grounds for a whistleblower lawsuit. These cases have recovered millions in taxpayer funds and led to major reforms in patient care.
Protections Against Retaliation
The FCA includes provisions to protect whistleblowers from retaliation. If you’re demoted, harassed, or fired for reporting fraud, you can sue for damages. This may include:
- Back pay
- Lost benefits
- Reinstatement
- Pain and suffering
- Attorneys’ fees
At Butler Prather LLP, we help clients file standalone retaliation claims when necessary to protect their livelihoods and reputations.
Working With Butler Prather LLP?
With over 35 years of complex litigation experience, Butler Prather LLP is recognized as one of Georgia’s most respected law firms. We don’t take shortcuts, and we don’t back down from powerful interests.
Our team can help you:
- Gather and evaluate evidence of fraud
- File a sealed FCA complaint correctly
- Work with federal investigators during the review period
- Represent you in court if the government declines intervention
- Protect you against retaliation and secure your financial reward
Speak With an Experienced FCA Attorney in Columbus, GA
If you believe you’ve witnessed fraud against a government program and want to file a False Claims Act lawsuit in Georgia, we want to hear about. Call Butler Prather LLP at (706) 322-1990 today to schedule a free and confidential consultation with a Columbus whistleblower lawyer. The filing process is complex, but with the right legal partner, you can make a meaningful impact—and protect your rights along the way.