The False Claims Act is the primary enforcement tool used by the U.S. Department of Justice to pursue civil remedies for submission of false or fraudulent claims to the federal government. The statute includes an ancient legal device called a qui tam provision which allows a private party who has information concerning the submission of false or fraudulent claims to bring a lawsuit on behalf of the United States. Industries that have been targets of whistle blower claims in recent years include the health care industry and military contractors.

The False Claims Act provides for liability for triple damages and a penalty from $5,000 to $10,000 per claim for anyone who knowingly submits or causes the submission of a false or fraudulent claim to the United States. In addition to significant economic penalties, targets of qui tam actions may also face criminal charges and exclusion and debarment from future government contracting. The statute also provides an incentive to relators by permitting them to share between fifteen and thirty percent of any award or settlement amount as well as recover a reasonable attorneys fee.

The stakes are high for all sides in qui tam litigation. In addition, the False Claims Act includes a specific and detailed process for the filing and pursuit of these claims.

Whistle-blowing statutes protect employees who have initiated an investigation of an employer’s activities or who have otherwise cooperated with a regulatory agency in carrying out an inquiry or the enforcement of regulations from being fired.  Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.

The key issue of a false claims case is that the government was cheated in one form or another. This act of cheating is the basis for the “false claim.” False claims occur in multiple ways: overcharging for a product or service, failing to perform a service, failing to deliver the promised amount of goods or services, not paying the full amount of money one owes to the government, and charging for one thing but delivering another, to list just a few examples.

A company or individual that has made a false claim may be liable for triple the amount of the actual damages, a civil fine of up to $11,000 per false claim, and the attorney’s fees of the whistle-blower (also called the “relator”). Individuals or companies that cause someone else to submit a false claim can also be found liable under the False Claims Act.

The burden of proof in a False Claims Act case is “preponderance of the evidence,” that is, the claim is more likely to be true than false. This is the same standard of proof that is normally applicable in most civil cases and is not as difficult to meet as the “beyond a reasonable doubt” standard used in criminal cases.

When deciding if a potential False Claims Act case is worth pursuing, a potential whistleblower should take into consideration that the whistleblower should have factual knowledge of the fraud and not merely a suspicion. In most cases it is also necessary to provide additional evidence beyond the whistleblower’s knowledge of the fraud. This evidence must be specific, identifying material details about the fraud. Assertions of false claims usually require some form of documentation.

Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.

When deciding if a potential False Claims Act case is worth pursuing, a potential whistleblower should take into consideration that the whistleblower should have factual knowledge of the fraud and not merely a suspicion. In most cases it is also necessary to provide additional evidence beyond the whistleblower’s knowledge of the fraud. This evidence must be specific, identifying material details about the fraud. Assertions of false claims usually require some form of documentation.

The key issue of a false claims case is that the government was cheated in one form or another. This act of cheating is the basis for the “false claim.” False claims occur in multiple ways: overcharging for a product or service, failing to perform a service, failing to deliver the promised amount of goods or services, not paying the full amount of money one owes to the government, and charging for one thing but delivering another, to list just a few examples.

A company or individual that has made a false claim may be liable for triple the amount of the actual damages, a civil fine of up to $11,000 per false claim, and the attorney’s fees of the whistle-blower (also called the “relator”). Individuals or companies that cause someone else to submit a false claim can also be found liable under the False Claims Act.

The burden of proof in a False Claims Act case is “preponderance of the evidence,” that is, the claim is more likely to be true than false. This is the same standard of proof that is normally applicable in most civil cases and is not as difficult to meet as the “beyond a reasonable doubt” standard used in criminal cases.

Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.

The False Claims Act is a federal law which sets serious punishments for any federal contractor, program or business who defrauds the federal government. The law also protects whistleblowers, known legally as “relators,” from on-the-job retribution for filing a lawsuit under the False Claims Act.

False claims account for billions of dollars of taxpayer money being expropriated from the federal government annually, with Medicare fraud and fraudulent billing by military contractors being two of the largest culprits. The False Claims Act allows ordinary citizens with insider knowledge of illegal transactions to file lawsuits against those who are making false claims against the United States for profit.

For the purpose of the False Claims Act, a false claim occurs when anyone bills the federal government for something which was not provided, dissimulates records to reflect compliance which did not occur, or claims to have used up federal funds when they actually did not.

Anyone who plans to expose potential false claims being made against the federal government should first seek legal counsel. There are numerous attorneys who specialize in the False Claims Act, and one should consult with a lawyer to ensure that a strong legal case can be made. Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.

“Whistle-blowing” is the disclosure by an individual, usually an employee in a government agency or private company, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing on the part of the agency or company.  Since the 1960s, the public value of whistle-blowing has been increasingly recognized. For example, federal and state statutes and regulations have been enacted to protect whistle blowers from various forms of retaliation. Even without a statute, numerous decisions encourage and protect whistleblowing on grounds of public policy. In addition, the federal False Claims Act will reward a whistle blower who brings a lawsuit against a business or organization that makes a false claim or commits fraud against the government.

People who take on the role of whistle blowers are often the targets of reprisals by their employers. Often the employer will fire or otherwise dismiss the whistle blower, who is often an at-will employee. An at-will employee is a person without a specific term of employment. The employee may resign at the time of his or her choosing, and the employer has the right to terminate the employee without having to cite a reason. However, courts and legislatures have created exceptions for whistle blowers who are at-will employees.

Whistle-blowing statutes protect employees who have initiated an investigation of an employer’s activities or who have otherwise cooperated with a regulatory agency in carrying out an inquiry or the enforcement of regulations from being fired.  Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.

“Whistle-blowing” is the disclosure by an individual, usually an employee in a government agency or private company, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing on the part of the agency or company.  People who take on the role of whistle blowers are often the targets of reprisals by their employers. Often the employer will fire or otherwise dismiss the whistle blower, who is often an at-will employee. An at-will employee is a person without a specific term of employment. The employee may resign at the time of his or her choosing, and the employer has the right to terminate the employee without having to cite a reason. However, courts and legislatures have created exceptions for whistle blowers who are at-will employees.

Since the 1960s, the public value of whistle-blowing has been increasingly recognized. For example, federal and state statutes and regulations have been enacted to protect whistle blowers from various forms of retaliation. Even without a statute, numerous decisions encourage and protect whistleblowing on grounds of public policy. In addition, the federal False Claims Act will reward a whistle blower who brings a lawsuit against a business or organization that makes a false claim or commits fraud against the government.

Whistle-blowing statutes protect employees who have initiated an investigation of an employer’s activities or who have otherwise cooperated with a regulatory agency in carrying out an inquiry or the enforcement of regulations from being fired.  Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.