03/04/2026
The Rise of the “Serial Whistleblower” in False Claims Act Cases
Over the past several years defending healthcare fraud matters, I have noticed an interesting shift in False Claims Act (FCA) litigation: the rise of the serial whistleblower.
Traditionally, qui tam cases were brought by insiders—employees who personally observed misconduct and reported it to the government. That is how the statute was originally designed to function.
Increasingly, however, many cases are being filed by entities that appear to rely on data mining and publicly available billing information rather than firsthand knowledge.
These “professional relators” analyze government data, identify statistical outliers in billing patterns, and file lawsuits alleging fraud against multiple providers across the country.
Some characteristics of these cases include:
• Relators with little or no direct connection to the provider
• Complaints based largely on statistical analysis of claims data
• Multiple lawsuits filed against providers in the same industry
• Allegations focused on billing patterns rather than specific patient encounters
While the False Claims Act allows claims based on information that is not necessarily firsthand, this trend raises interesting questions about the role of whistleblowers and the purpose of the statute.
The FCA was enacted during the Civil War to combat fraud against the government by empowering individuals with inside knowledge. Today, some relators operate more like data investigators than traditional whistleblowers.
In my next post, I will discuss how government data analytics and billing databases are fueling this new wave of FCA litigation.
Stay tuned for Part 2-How Data Analytics Is Driving Modern Healthcare Fraud Investigations.