When you learn that you are under federal investigation related to qui tam defense and potential False Claims Act litigation, it is crucial to understand how such investigations typically begin and what federal agencies might be involved. Qui tam provisions of the False Claims Act allow private individuals, known as relators, to sue on behalf of the government when they have evidence of fraud against the United States. This can often initiate a complex legal process involving various federal entities including the Department of Justice (DOJ), the Office of Inspector General (OIG) for specific agencies, and potentially other investigative bodies.
The first 48 hours after learning about an investigation are critical. During this period, several actions should be taken to protect your rights and interests. It is essential to avoid any communication with investigators until you have legal representation. You must refrain from destroying or altering any documents that could be relevant to the investigation, as doing so can lead to severe consequences under obstruction of justice laws.
Seeking early counsel from an experienced attorney is one of the most important steps you can take. An attorney who specializes in qui tam defense will understand the intricacies of the False Claims Act and can advise on how best to proceed during the government’s seal period, when all information about your case remains confidential while the government decides whether to intervene.
It is also vital to understand what not to do. Under no circumstances should you attempt to communicate with investigators or provide them with any documents without first consulting legal counsel. Doing so can jeopardize your position and potentially lead to self-incrimination.
In addition, document preservation is a critical component of your response strategy during a qui tam investigation. This includes not only actively preventing the destruction or alteration of relevant records but also ensuring that you do not discard any documents, emails, or other communications that might be pertinent to the case. Your legal advisor will guide you on what constitutes necessary documentation and how best to handle it.
Conclusion
Navigating a qui tam investigation requires careful consideration of your actions from the very beginning. By taking proactive steps like seeking early counsel, preserving documents meticulously, and refraining from unsolicited communication with investigators, you can better protect yourself throughout what may be a lengthy and complex legal process.