ATTORNEY NEWSLETTER
How Cases Work
Examples Of Government Fraud
Retaliation Against Whistleblowers Prohibited
Private citizens and businesses help the government recover billions every year in cases of fraud against the government. The private citizens and businesses assisted the government in recovering these funds by bringing civil lawsuits on behalf of the government under the False Claims Act, (“FCA”), 31 U.S.C. § 3729 et seq. The private individuals or businesses bringing the actions are known as “relators,” and the cases themselves referred to as “qui tam” cases. If the government recovers, the relators are eligible for rewards. 31 U.S.C. § 3730(d). Relators of fraudulent conduct are often employees, accountants, controllers or managers, or former employees or managers, or competitors of the business engaging in the fraud. If you have credible information of fraud against the government in violation of the FCA in San Francisco or elsewhere in California, call us today at (415)441-8669 and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Examples Of Government Fraud
People can blow the whistle on a wide variety of conduct. Only whistleblower claims alleging fraud against a government program, though, can become qui tam actions. These actions, pronounced “key-tam” and standing for a Latin expression about suing on the behalf of the government, are based on allegations made under the FCA. This crucial federal statute allows private citizens to prosecute fraud that is being perpetrated against the government. It also permits them to recover a whistleblower award for their efforts.
This limitation to government program fraud is an important one for qui tam claims. Whistleblowers who have evidence of any other sort of wrongdoing, no matter how severe or illegal it is, cannot file a qui tam claim if it does not involve fraud against a government program.
The good news is that there are lots of government programs that can be defrauded, so many whistleblowers can still make use of the qui tam process. Just a few of those government programs include:
- Healthcare programs, like Medicare or Medicaid
- Federal mortgage programs, like those managed by the Federal Housing Administration (FHA)
- Federal contracts and grants, including those for defense contractors and scientific advancements
A few examples of fraudulent schemes against these federal programs are:
- A hospital billing Medicaid for an emergency room visit that never happened
- A defense contractor requesting payment for 10 missiles when it knows that it only supplied 8
- A bank manipulating numbers in order to secure an FHA mortgage
Retaliation Against Whistleblowers is Forbidden
Because qui tam actions are filed under the False Claims Act, whistleblowers benefit from the Act’s anti-retaliation provision, 31 U.S.C. § 3730(h). This part of the law makes it illegal for employers to retaliate against employees for engaging in lawful whistleblowing activities. That retaliation can take the forms of:
- Termination
- Suspension
- Demotion
Starting A Qui Tam Action
Any False Claims Act whistleblower case begins by a relator filing a complaint under seal in the federal court usually for the United States District Court for the district where defendant is located or does business. At the same time, the relator submits a disclosure to the DOJ outlining the material evidence the relator has of the alleged false claims. 31 U.S.C. § 3730(b). The seal period of the complaint lasts 60 days during which the DOJ investigates the claims. 31 U.S.C. § 3730(b)(2). (If necessary, the government can, and often does, extend the 60-day period during which the allegations are kept under seal.) If the government decides to intervene in the case, the government essentially takes over the litigation. 31 U.S.C. § 3730(c)(1). If the government declines to intervene, the relator may proceed with the litigation on his or her own. 31 U.S.C. § 3730(c)(3).
Contact Us
If you have credible information of government fraud in San Francisco or elsewhere in California, call Ingrid M. Evans at (415) 441-8669, or toll-free at 1-888-50EVANS (888-503-8267) or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. In addition to FCA and CFCA whistleblower cases, Ingrid and Evans Law Firm, Inc. also handle bank fraud whistleblower cases under FIRREA/FIAFEA, commodity trading and securities fraud under the Commodities Futures Trading Commission Whistleblower Program and the Securities and Exchange Commission Whistleblower Program, and tax fraud under the Internal Revenue Service Whistleblower Program.
