Qui tam lawsuits must be filed in secret or “under seal,” meaning that they are hidden from public view. It is essential that both before and after you file the suit, you don’t disclose the suit or the fraud allegations to anyone else. Allegations that are “publicly disclosed” may prevent you from successfully bringing your suit.

Once you have evidence of fraud, it is in your interest to act quickly. The False Claims Act has a “first in time” rule that permits only the first person who files a lawsuit to maintain a case. Even if you have significant evidence of fraud, you must be the first-to-file to be a successful qui tam relator.

A qui tam case may also be thrown out if it is based on public disclosures and the relator is not the “original source.” Different courts have interpreted these provisions of the False Claims Act differently. As a result, it is best to file suit before your allegations of fraud are disclosed publicly to the media or in an administrative or government hearing.

Finally, the False Claims Act has time limits that restrict the amount of time you have in which to file a case. In general, lawsuits must be filed within six years of the date the fraud is committed. The time period may be extended an additional four years for a total of ten years under certain circumstances when a case is filed within three years "after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances."