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What is False Claims Act?
What is the False Claims Act?
Actually, there is a federal
False Claims Act, about 30 state false claims acts and even a few
city false claims act. They are all similar in that they are
designed to help governmental agencies combat government fraud
(things like intentionally overcharging for goods or services).
These statutes use a combination of whistleblower provisions to
achieve their fraud fighting objectives, including qui tam and
whistleblower anti-retaliation provisions. Here, the focus is on the
federal False Claims Act.
The United States False Claims Act
is codified at 31 U.S.C. §§ 3729-3733. It was originally enacted in
1863 to deter defense contracting fraud. The Act was enhanced by
Congressional amendments in 1986, 2009 and 2010.
Section 3729 of the Act lists the kinds of conduct that can violate the False Claims Act. These include presenting false invoices for payments, using false records to justify getting excess money from the government or to avoid paying money owed to it, and conspiring with others to do any of these acts. All False Claims Act violations require that the misconduct be done “knowingly,” which can mean it was done in deliberate ignorance of the truth or with reckless disregard of it, as well as with actual knowledge.The federal False Claims Act has a number of important sections for whistleblowers.
There is a qui tam provision that lets a private person sue on behalf of the government (and even pursue a lawsuit if the government chooses not to get involved). Section 3730(b). There are also whistleblower reward provisions that give between 15% and 30% of recovered monies to the person who came forward first with the fraud allegations. Section 3730(d). These whistleblower reward provisions further require a losing defendant to pay the whistleblower’s attorney’s fees and litigation expenses. Finally, there are whistleblower protection provisions that allow an employee (and others) to sue for workplace retaliation and recover two times lost income plus other amounts and forms of relief. Section 3730(h).
It can be very challenging for a lay person to fully grasp the meaning and significance of many sections of the False Claims Act. Some provisions are not easy to understand and some words or phrases have been interpreted by judges to mean things other than what an citizen might ordinarily expect. Any one of these provisions can be fatal to a possible False Claims Act case.
For example, a prospective lawsuit might be barred by the “public disclosure bar,” (Section 3730(e)(4)), the “first to file rule,” (Section 3730(b)(5)), or the “statute of limitations” (Section 3731(b)).
Additionally, judges regard a False Claims Act case as an accusation of fraud. As a result, the complaint alleging a False Claims Act violation must be very detailed in order to meet the heightened pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure. Often this requires documentary proof of the fraud and a comprehensive description the surrounding facts and circumstances, such as the “Who, What, Where, When and How” concerning the misconduct.
Needless to say, it is far easier to navigate the False Claims Act with the help of an experienced False Claims Act attorney. In addition, most courts have ruled that a lay person cannot bring a False Claims Act “pro se,” that is without being representing by an attorney.
Whistleblower Law Team at: Phone:
800-777-0356 Email:
info@wblteam.com
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