Civil Actions for False Claims

Federal Statute  31 USC 3730 - Civil Actions for False Claims

(a) Responsibilities of the Attorney General. - The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person.

whistleblower.labovick.com/31 USC3730_PDF.pdf

Liability for False Claims Acts

31 USC 3729 - Federal statute re: liability for False Claims Acts

(a) Liability for Certain Acts. - Any person who knowingly presents, or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval;

 whistleblower.labovick.com/31 USC 3729_PDF.pdf

Who can File A Qui Tam Claim?

 

Under the qui tam provision of the False Claims Act, the relator (plaintiff) files an action on behalf of the U.S. Government. The Act allows a wide variety of people and entities to file a qui tam action, common types include: employees, former employees, state and local governments, federal employees, public interest groups, corporations and private organizations


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What is Qui Tam?

“There is no kind of dishonesty into which otherwise good people more easily and frequently fall than that of defrauding the government." Benjamin Franklin


In Qui Tam litigation a private citizen (the whistleblower) who knows of fraud committed against the government may, through his own privately retained lawyers, file a lawsuit to recover the losses caused by the government fraud. The False Claims Act provides huge financial incentives to citizen whistleblowers to retain attorneys and come forward, prosecute these lawsuits and fight government fraud.

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Preparing for a False Claims Act case

When preparing for a False Claims Act case, you can never be over prepared. Documentation with dates, files, records and detailed accounts are required to move forward with a False Claims Act case.  See below for a few questions that need to be answered when you are preparing for a False Claims Act case:

Do you have a list of the documents, computer files and other proof? Are these documents in a safe place?

Do you have a list of everyone that has knowledge of the matter? Can you locate them?

Do you have names of supervisors and others who would have participated in the false claim?

Do you have a breakdown of the Corporate structure of the company involved in the false claim?
Do you know specific laws, regulations, rules and procedures that were violated by the false claim?

All of the above information is necessary to determine if a false claim or fraud has taken place.