It is important that you provide OffRecord with all the evidence you possibly can to corroborate your case and substantiate the truth. This will drastically increase your chances of getting your case both to court and for the potential of an early settlement. Substantial proof of a lawful violation that abuses tax payer or citizen money is the single biggest factor in getting these cases rewarded and to closure quickly.
Again, hunches, beliefs and suspicions carry near zero weight in supporting your position and will not likely even be admissible evidence in the court hearing. You must provide substantiated evidence in order to have a credible case, which typically is some form of physical proof or confirmed statements as validated by as many other witnesses as possible. OffRecord will also base its decision to engage upon the quality of the evidence provided and our confidence in our ability to help you reach a positive conclusion and achieve the reward you deserve. If we do not feel we are the right partner for you, we will do our best to direct you to another appropriate advisor or legal counsel.
What needs to be Filed with the Judicial System?
The relator, which will be OffRecord assuming we have completed a contract together, must then do the following to initiate a qui tam suit:
- File the civil complaint under seal with the court (the defendant is not served at this time); and
- Serve a copy of the complaint and a "written disclosure of substantially all material evidence and information" possessed by the relator on both the Attorney General and the United States Attorney (USA) pursuant to Fed. R. Civ. P. 4. or Rule 4 of the Federal Rules of Civil Procedure.
What the Department of Justice Must do Next
The government must then decide whether to take over the case and proceed on taking the case to trial on its own. If it does not notify the court that it is taking over the case, it becomes the relator's case to litigate.
The government has 60 days from the date service is completed and the statement of material evidence is submitted, whichever is later, to notify the court of its decision. Usually, the complaint and statement of evidence are served simultaneously on the USA, with service on the Attorney General occurring later. Sometimes 60 days is simply insufficient. The government, "for good cause shown," may ask for additional time. Congress requires that such extensions should not be granted automatically and that it expected the courts to require proof of a serious inquiry and a legitimate need for more time before granting extensions of time.
If the government assumes the case, OffRecord proceeds forward working to assist the DOJ in its process. Rewards are then 15 to 25% of the monies recovered by the government, including penalties, interest and other fees. If they do not assume the lead on the case but instead still deem it represents a legitimate False Claims Act case, they then will support OffRecord in allowing us to seek out appropriate outside counsel to see the qui tam lawsuit through to conclusion, with the DOJ operating in the background overseeing the case process. When government is not involved, rewards are then increased to a low of 25% to a high of 30%.