FAQ

Please read through the following for answers to some of the most frequently asked questions related to reporting fraud. If you have further questions about reporting fraud, do not hesitate to contact us for more information.

How long will my case take?

There is no typical case. Some are resolved in a year or less, some in one or two years, and others take several years to resolve. Each case depends on the level of complexity of its own facts, defenses, and other circumstances.

Can Hodgson Russ represent me anywhere in the country?

Yes. Your lawyers do not have to be in the same location as you or the company at issue. Hodgson Russ has pursued False Claims Act cases in various jurisdictions across the country.

What is a "whistleblower"? What is a "relator"?

A whistleblower or relator is a person who, as a plaintiff, brings a False Claims Act case on behalf of the government. These words are generally used interchangeably.

Is my case confidential? For how long?

Initially, yes. False Claims Act cases begin under seal, which keeps the case and the whistleblower's identity confidential. These cases are only unsealed when the court orders it. This process takes from as little as two months to as long as a year or more.

How do I pay your legal fees?

Our legal fees are paid as a percentage of your recovery. If you do not recover, you do not have to pay our legal fees.

Why should I hire Hodgson Russ?

Hodgson Russ has considerable experience on both sides of False Claims Act cases. We have defended corporate clients that have been sued under the act, and we have represented whistleblowers alleging a wide range of frauds. We know how the process works. We know the players. And we know what it takes to manage these cases properly — to be sure you are represented well, that you are most helpful to the government, and that you share in the proceeds in the highest amount that is fair to you and the government. We pride ourselves on being a full-service firm, with substantive knowledge and experience beyond the False Claims Act — experience in the areas where the fraud is occurring, be it fraud that arises in the medical or pharmaceutical context, fraud that arises in the military contractor context, or fraud that arises in the transportation context.

What are some examples of frauds on the government that might potentially give rise to a viable claim?

Under certain circumstances, False Claims Act cases can arise from overcharges, fraudulent non-compliance with a contract, fraudulent billings, overpayments, unrefunded amounts owing to the government, certain false certifications, and concealment of product defects. There are a nearly limitless number of possible false claims scenarios.

What sorts of False Claims Act cases has Hodgson Russ worked on?

Examples include Medicare and Medicaid fraud, off-label pharmaceutical sales, and defense contractor fraud.

Does the anti-retaliation protection extend to me if I am not an employee of the company at issue?

It may. The recent amendments to the False Claims Act's anti-retaliatory provisions cover contractors and agents of the retaliating party who are not technically "employees."