The success of False Claims Act cases often turn on what evidence you have to prove healthcare fraud. Tangible evidence may not be required if a whistleblower has detailed knowledge of fraud. But in a False Claims Act case, documents are often the best evidence of healthcare fraud and are far more likely to get the government’s interest than just statements. This documentary evidence could be emails or text messages discussing the fraud, the claims form themselves, or any other documents that show fraud.
A question often arises about what documents you can use to establish fraud. The general rule is that you should only use documents that you have legally obtained in the scope of your duty. Other documents, for example, emails obtained by improperly accessing another’s inbox, may create problems. In all cases, you should share the documents that you have with your attorney and discuss where and how you obtained them.