Excellent qui tam cases are constructed on comprehensive truths. One action that False Claims Act whistleblowers can take that might enhance their case is to keep coexisting notes about occasions or discussions that might show the scams.
When a court chooses whether to dismiss a qui tam claim or enable it to move forward, the judge pays unique focus on whether the problem consists of a comprehensive description of the deceptive conduct, i.e., the realities that reveal the “who, exactly what, where, when and how” of the supposed scams. By keeping great notes, a relator might remain in a much better position to offer this sort of in-depth realities.
Notes can cover a great deal of area. One can keep a composed record of the following:
Conferences, telephone discussions or e-mails where the wrongful conduct was gone over;
Conferences, telephone discussions or emails where somebody raised issues about exactly what was going on;
The federal government agreements (i.e., contact number and date) and agreement arrangements and requirements that a company might have breached;
Files that are proof of the scams, such as billings, billing records, double sets of books, charts, power points and e-mail exchanges.
Keeping notes that explain incriminating files is not the like keeping copies of the real files themselves. While lots of effective qui tam cases are based, in part, on office files that relators have maintained, there are times that workers cannot or ought to not keep copies of company files. In such circumstances, a person’s notes about essential documentary proof can be extremely practical. Federal government district attorneys can use the details in a person’s notes to force the accused to produce the real files; similarly, the presence of synchronous notes can make it more challenging for accused to plausibly reject that the files exist.
You can keep notes in the kind that finest fits your needs and routines. You can handwrite the notes, or type them on a home computer system. If you choose to remember, you ought to ensure to keep them personal and not reveal them to anybody aside from your lawyer. You need to take notes just from files or info to which you have legal gain access to. Keep in mind that if you pursue a qui tam suit, your lawyer might offer your notes to the federal government, so you must be as precise as you can.
There might be some scenarios in which company policies (and even suitable laws) forbid either taking notes or keeping copies of notes at home. If that seems the case, you must talk to a lawyer before taking any action.