When potentially millions of dollars of taxpayer funds are at stake, turn to one of the nation’s most experienced, success-driven whistleblower qui tam law firms.Turn to Warren | Benson.
What sets our firm apart? For more than 25 years, our attorneys have dedicated their practice exclusively to the representation of whistleblowers under the qui tam provisions of the False Claims Act. We have played a crucial role in prosecuting some of the most significant qui tam cases under the False Claims Act, gaining national recognition in the process. We pioneered new ground in prosecuting some of the toughest cases under the law, recovering hundreds of millions of dollars and setting the bar in qui tam litigation.
Learn more. Read our attorney biographies.
Changes to the False Claims Act on the heels of World War II made the law mostly unusable. For the next 40 years, few whistleblower cases were filed and even fewer cases were successful.
In 1986, prompted by a series of major defense contractor scandals, Congress amended the law, with improvements designed to increase the number of qui tam cases filed by whistleblowers. Few lawyers, however, immediately jumped in to provide representation. The law was unsettled and risky and required knowledge of government contracts and complex agency regulations that many attorneys lacked. Major corporations had joined ranks to attack the constitutionality of the newly amended qui tam law, arguing that private citizens had no right to bring civil fraud prosecutions on behalf of the government and threatening sanctions against the few private attorneys who tried. Senior officials in the Department of Justice openly argued against the law and for the adoption of policies making it even more difficult for whistleblowers to succeed. Several argued that the government should join with big corporate defendants in court to bring down the law. That’s when we stepped in.
At a meeting with the Solicitor General of the United States in 1989, our attorneys gained the commitment of the Department of Justice that it would stand on the sidelines and take no position on the law while we fought the battles in court to keep it alive. Those battles led directly to the first federal appellate decision in the United States, issued in 1993, upholding the constitutionality of the qui tam statute in a case against one of the largest corporations in America.
Our attorneys formulated the winning theory and argued it in court. The resulting appellate decision has since been cited as precedent more than 200 times by other courts, in law review articles and in legal treatises. We were also breaking barriers on the merits. In 1991, our attorneys obtained one of the largest settlements of a qui tam case against a major defense contractor since the Civil War involving the false testing of the guidance system of a nuclear weapon.
These early successes were heavily publicized. As attorneys nationwide saw that the risks were receding and that recoveries were increasing, more joined in. By 1992, annual qui tam case recoveries exceeded $100 million for the first time ever, up from $2.3 million in 1988. By the mid-1990s, the nature of recoveries also began to shift from a heavy emphasis on defense contractor fraud to health care fraud as our attorneys continued to establish the legal foundations and common procedures for the practice of qui tam law. Corporate defendants raised novel tactics and defenses, one after another, including the public disclosure bar, the statute of limitations, the meaning of “original source,” the entitlement to recover statutory fees and costs, a defendant’s ability to raise counter-claims, state law pre-emption and immunity, and the meaning of the “alternate remedy” provision in the False Claims Act, among others. We fought back, establishing case law and obtaining groundbreaking recoveries that continue to guide qui tam practice to this day.
When the practice of qui tam law began to swing heavily to health care fraud in the mid-1990s, we were there well before other qui tam law firms, breaking new ground and have been there ever since. In one of the first nationwide multi-defendant health care fraud cases in the country, we took on over 130 teaching hospitals for charging Medicare for the cost of experimental heart devices. In addition to recovering money, our case led to Senate hearings and major reform at the intersection of FDA and HHS regulatory controls over investigational and off-label medical devices, an area of law that continues to develop. We are the only private firm to be acknowledged in a Department of Justice press release for its successful efforts in recovering money in a health care fraud kickback case that the government had earlier declined.
As one of the nations leading qui tam law firms, we have encountered nearly every currently conceivable health care fraud scenario, including cases against hospitals, physicians, researchers, manufacturers, pharmacies, laboratories and Medicare claims contractors. We recovered money in each of these cases. We have also encountered and dealt with nearly every conceivable type of defense contractor fraud, including the false testing of major weapons systems, the sale of defective components, various cost accounting frauds, and bribery and corruption, occurring both domestically and in the course of foreign military sales and foreign military campaigns and we have recovered money in each of those as well. Our cases, however, have not been limited to defense and health care fraud. The False Claims Act targets every type of recipient of public funds who obtains those funds fraudulently, and so do we. We follow the money wherever it goes.
When you contact us, you are contacting attorneys who have been around the block, requiring little or no learning curve. We will ask the right questions and we aren’t just looking for the biggest case. We want good clients with good cases.
Warren | Benson has been lead or co-counsel in hundreds of qui tam cases nationwide and has represented clients at all levels of the Federal Courts, including the United States Supreme Court. We continue to handle cases from throughout the United States, drawing on a network of investigators and other legal experts to help our clients obtain financial recovery.
Contact Us Now
If you have information that you believe may qualify you as a “whistleblower” on government contract fraud, we encourage you to arrange a consultation with one of the best qui tam law firms – our attorneys. Email us now or call toll free 800-844-4406 to contact any of our regional locations.