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Topic: False Claims Act


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In the News (Mon 7 Dec 09)

  
  False Claims Act Qui Tam, Government Fraud GA.   (Site not responding. Last check: 2007-10-11)
The False Claims Act was originally enacted in 1863, largely in response to widespread fraud and profiteering committed by government contractors during the Civil War.
The Act allowed a private citizen, commonly known as a relator, to bring a lawsuit on behalf of himself and the United States against anyone who presented a false or fraudulent claim to the government, and to keep a portion of any recovery.
The amendments also increased the damages recoverable under the Act, providing that a defendant is liable for three times the damages sustained by the government, plus a mandatory penalty of between $5,000 and $10,000 for each false claim.
www.bothwelllaw.com /false_claims_act.htm   (387 words)

  
 TAF - What is the False Claims Act?
The False Claims Act is the single most important tool U.S. taxpayers have to recover the billions of dollars stolen through fraud by U.S. government contractors every year.
The 1986 amendments strengthened the False Claims Act’s qui tam provisions, creating incentives for private citizens with evidence of fraud to commit their time and resources to supplement the Government’s efforts.
Though the False Claims Act is a powerful tool to combat fraud, it is a tool that is sharply constrained by both the law and economics of litigation.
www.taf.org /whyfca.htm   (1219 words)

  
 FALSE CLAIMS ACT
When a provider submits a claim to the government for care that allegedly was substandard, the government asserts that the provider has submitted a false claim because the claim is an "implicit certification" of compliance with all Medicare and Medicaid statutes and regulations, including those governing quality of care.
The Meaning of "False" Of the elements the government must prove to prosecute an action successfully under the False Claims Act, what constitutes a false or fraudulent claim or activity is the only one that is not defined by the statute, so the courts must interpret what this means.
One court stated that the False Claims Act was intended to cover situations in which not only are false claims made, but also the claimant has engaged in fraudulent conduct to induce payment by the government.(k) This vague interpretation does not define fraudulent conduct intended to induce payment.
www.angelfire.com /nm/redcollarcrime/fca.html   (2305 words)

  
 Attorneys at Law: Davis Levin Livingston Grande. Hawaii, Federal False Claims Act, False Claims Law, Statute, Claim, ...
The False Claims Act was originally known as the "Informer’s Act" or the "Lincoln Law." It was enacted during the height of the Civil War at the urging of President Abraham Lincoln when dramatically increased government spending on military procurement let to widespread fraud by private contractors.
Under the 1863 Act, persons found liable of fraudulently billing the government were fined an amount equal to twice the damages caused by the false claim and were required remit a $2,000 civil penalty for each false claim submitted to the United States.
Instead, it is a false claim or false statement statute that, as shown below, has procedural standards that place the relator and his or her attorney in the position of private government prosecutor, a unique position in American jurisprudence.
www.davislevin.com /article63.html   (4335 words)

  
 Charleston Law Firm :: False Claims Act   (Site not responding. Last check: 2007-10-11)
The False Claims Act seeks to deter fraud against the United States Government by providing for penalties of three-times the amount of the fraud in addition to fines of $5,000 to $10,000 per violation.
The False Claims Act encourages whistleblowers who are aware of fraud being perpetrated against the Government to report and civilly prosecute those responsible for the unlawful actions against the United States.
The False Claims Act requires that the relator be an “original source” of the information, which generally means that he has direct and independent knowledge of the fraudulent conduct and he has voluntarily provided this information to the Government before filing the qui tam suit.
www.joegriffith.com /False_Claims_Act.asp   (1878 words)

  
 The False Claims Act
Now, the False Claims Act imposes treble damages liability and civil penalties of $5,000 - $10,000 per claim on any person who knowingly presents, or causes to be presented, a false or fraudulent claim for approval to the U.S. Government.
It stands to reason that the number of false claims should be considered in relation to a hospital's size, as reflected by its number of beds.
False Claims Act penalties were proposed based on the severity of the hospital's conduct, beginning with Tier 2.
www.hhs.gov /asl/testify/t980428b.html   (5779 words)

  
 False Claims Act - Wikipedia, the free encyclopedia
The False Claims Act (31 U.S.C. et seq.
Citizens with insider knowledge of false claims in health care, military, or other government spending programs can be rewarded.
This was the first time that the False Claims Act has been used against a contractor in Iraq.
en.wikipedia.org /wiki/False_Claims_Act   (515 words)

  
 False Claims Act - Congressional testimony
The original False Claims Act was passed in 1863 to combat the widespread fraud, corruption and misuse of federal funds that occurred during the Civil War.
One portion of the act, referred to as the "qui tam" section, was designed to encourage individuals to come forward and bring suit on behalf of the government against the perpetrators of the fraud.
In order for the False Claims Act to be truly effective in encouraging individuals to expose fraudulent claims against the government, the act must contain both employment and personal safeguards for those persons filing the suits or testifying in such suits.
www.whistleblowers.com /HTML/FRM/85_f.htm   (3469 words)

  
 False Claims Act - Qui tam Help
The False Claims Act was designed to encourage citizens with knowledge of fraud against the government to come forward by authorizing them to file a civil suit in the name of the government, and by rewarding them with a percentage of the recovery.
False claims made under the Internal Revenue Code are expressly excluded from the False Claims Act and its qui tam provisions.
A False Claims Act case must be brought within six years of the violation or within three years of the date the government learns, or should have learned, of the facts material to the violation, but in no event more than ten years after the violation.
www.quitamhelp.com /static/false_claims/history.html   (1919 words)

  
 TAF- Federal False Claims Act
Any civil investigative demand issued under subsection (a) may be served by a false claims law investigator, or by a United States marshal or a deputy marshal, at any place within the territorial jurisdiction of any court of the United States.
When the testimony is fully transcribed, the false claims law investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness.
Upon payment of reasonable charges therefor, the false claims law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness' testimony.
www.taf.org /federalfca.htm   (5121 words)

  
 The False Claims Act
The federal False Claims Act permits a person with knowledge of fraud against the United States Government, referred to as the "qui tam plaintiff," to file a lawsuit on behalf of the Government against the person or business that committed the fraud (the defendant).
The Act provides that if the fraud is proven, the defendant in a qui tam action is generally liable for three times the damages sustained by the Government because of the fraud.
The False Claims Act provides protection to employees who are retaliated against by an employer because of the employee's participation in a qui tam action.
library.findlaw.com /2000/Nov/1/130252.html   (1687 words)

  
 Enzyte Marketers Sued
The Act extends to claims by or on behalf of those who are ineligible to participate in government programs, claims under contracts obtained through deceptive or other unlawful means, and claims for health care provided in violation of law or contract terms.
Each and every claim submitted under a contract, loan guarantee, or other agreement which was originally obtained by means of false statements or other corrupt or fraudulent conduct, or in violation of any statute or applicable regulation, constitutes a false claim.
Claims for health care for patients referred in exchange for "kickbacks." Here the underlying health care transaction violates program rules, and the claims consequently may cause the government to pay money to claimants it did not intend to benefit.
www.quackwatch.org /02ConsumerProtection/fca.html   (2657 words)

  
 POOR QUALITY OF CARE MAY LEAD TO FALSE CLAIMS ACT PROSECUTION By Mark Allen Kleiman
Accordingly, a false claim may take many forms, the most common being a claim for goods or services not provided, or provided in violation of contract terms, specification, statute, or regulation.
Neither false certification nor a showing of government reliance on false certification for payment need be proven if the fraud claim asserts fraud in the provision of goods and services.
Claims Act, which demonstrates that the False Claims Act was intended to cover "each and every claim submitted under a contract, loan guarantee, or other agreement which was originally obtained by means of false statements or other corrupt or fraudulent conduct, or in violation of any statute or applicable regulation...."
www.kaiserpapers.org /kleiman.html   (1753 words)

  
 Civil and Criminal Enforcement Under the False Claims Act
The federal criminal false statement offenses which are unique to the health care industry are ripe for defense attacks on the materiality of false claim charges.
Rather, the government must prove, by a preponderance of the evidence, that the person or entity submitting the claim actually knew that the information contained in the claim was false or that the person or entity recklessly disregarded or deliberately ignored the truth or falsity of the information.
As with the criminal False Claims Act provisions codified at 18 U.S.C. 287, the plain language of the FCA does not require that the government demonstrate that the alleged false statements were material.
world.std.com /~goldberg/HFfalse.html   (1782 words)

  
 False Claims Act   (Site not responding. Last check: 2007-10-11)
The act allows everyday people to bring suits against groups or other individuals that are defrauding the government through programs, agencies, or contracts (but the act does not cover tax fraud).
A person who begins a False Claims Act (or qui tam) case is entitled to a proportional share of the funds that are recovered for the government.
The types of cases brought under the False Claims Act are evolving.
www.consumerlaw.com /false.html   (743 words)

  
 National whistleblower lawyers explain qui tam Medicare fraud lawsuits
The False Claims Act allows private citizens as well as the government to sue individuals, companies or institutions that are defrauding the government and recover three times the government's losses plus $5,000 to $10,000 for each false claim.
For example, if a provider makes statements or claims during the course of a government audit that would reduce the amount of money the provider owes the government, then the provider would be liable for making reverse false claims.
The Clinical Practices of the University of Pennsylvania paid $30 million in December 1995 to settle its false claims exposure for billing Medicare for treatment by faculty physicians that was actually done by residents and interns.
www.falseclaims.com /CM/Articles/auditors.asp   (1649 words)

  
 False Claims Act: TIP OF THE WEEK--Wirtz Labor Library
Treatment is given to procedure in qui tam actions as well as the current state false claims laws modeled on the federal statute.
The False Claims Act and Qui Tam Quarterly Review (FCAQR): A legal journal published by Taxpayers Against Fraud (TAF) Education Fund, it focuses on litigation under the False Claims Act and its qui tam provisions.
Included are articles from leading FCA practitioners and government attorneys, timely case summaries of all federal court opinions dealing with the Act to document the emerging trends in the case law, and up-to-date information on recent qui tam developments, Department of Justice interventions, and settlements.
www.dol.gov /oasam/library/law/lawtips/westfalseclaimsact.htm   (227 words)

  
 Qui Tam Law Firm: Learn More about the False Claims Act
Previous versions of the FCA required the relator to prove the defendant had “actual” knowledge of the false nature of the claim, as well as the specific intent to defraud the United States.
acted in “reckless disregard” of the truth or falsity of the claim.
For example, a doctor who delegated billing authority to his wife and failed to review the claims for accuracy, was found guilty of a violation of the FCA based upon his “reckless disregard” for the truth or falsity of the billing records.
www.weitzlux.com /quitamlawfirm/falseclaimsact_339404.html   (779 words)

  
 Spitzer Calls for Passage of State False Claims Act
The bill, which is modeled on the federal False Claims Act, authorizes treble damages against the perpetrators of such frauds, and also provides individuals with a financial incentive to provide information about fraudulent activities involving government funds.
The federal False Claims Act — which permits "qui tam" actions by whistleblowers who receive a share of the proceeds — has existed in various forms at least since the mid-1860s.
False claims acts enjoy bipartisan support, because they not only prevent fraud, they also make more money available for education, health care and other purposes.
www.oag.state.ny.us /press/2003/jun/jun12a_03.html   (675 words)

  
 False Claims Act   (Site not responding. Last check: 2007-10-11)
In compensation for the risk and effort of filing a qui tam case, the citizen whistleblower or “relator” may be awarded a portion of the funds recovered, typically between 15 and 25 percent.
Examples of health care-related False Claims Act violations are: 1) a health care provider bills Medicare for services that were not performed or that were unnecessary; and 2) a federal grant recipient charges the Government for costs not related to the grant.
Statute 68-1073 here) that provides that any person who presents a false Medicaid claim is subject to civil penalties of not more than ten thousand dollars and damages in the amount of three times the amount of the false claim submitted to the state.
www.unmc.edu /hr/Summary/Guideline/FalseClaims.htm   (250 words)

  
 False Claims Act: QuiTam Lawyers Representing Federal Whistleblowers Including Federal Medicare Fraud Whistleblowers
The False Claims Act covers a wide variety of situations in addition to overcharging or billing for property or services not delivered.
The amendments make the definition of fraud broad enough to include submitting claims with deliberate ignorance or reckless disregard for the truth of statements made in the claim for US government spending or funds upon which the fraud claim is based.
This document is intended to provide only a very general overview of the law involved in lawsuits under the Federal False Claims Act, and it is not intended to substitute for experienced lawyers or to provide legal advice.
www.ashcraftandgerel.com /whistleb.html   (1673 words)

  
 Memo: Guidance on the Use of the False Claims Act in Civil Health Care Matters, June 3, 1998
This guidance is being issued to emphasize the importance of pursuing civil False Claims Act cases against health care providers in a fair and even-handed manner, and to implement new procedures with respect to the development and implementation of national initiatives.
In the event the claims are false, Department attorneys must next evaluate whether the health care provider "knowingly" submitted the false claims or "knowingly" made false statements to get the false claims paid.
Under the False Claims Act, false claims and false statements are submitted "knowingly" if the provider had actual knowledge of their falsity, or acted with deliberate ignorance or reckless disregard as to their truth or falsity.
www.usdoj.gov /dag/readingroom/chcm.htm   (1783 words)

  
 Legal alert: beware the False Claims Act Nursing Homes - Find Articles
The Civil False Claims Act, a Civil War statute designed to deter contractor fraud, is now the federal government's preferred enforcement method to recoup significant payments from health care providers for false billings submitted to the Medicare and Medicaid programs.
First signed into law by President Abraham Lincoln in 1863, the Act was amended in 1986 to expand the types of claims which could be prosecuted and to lower the level of "proof" required to recover payments.
Under the Act, however, violators may be subject to triple damages and a penalty of $5,000 per claim, depending upon how egregious the billing practices were.
www.findarticles.com /p/articles/mi_m3830/is_n6_v45/ai_18474837   (762 words)

  
 Combatting Educational Corruption. Applying the Federal False Claims Act to Schooling Organizations
Blatant corruption was often excused as "the cost of doing business." However, recent employment of the federal False Claims Act[4] indicates that a remedy may be at hand.
What is interesting is that the violation of the False Claims act occurs at the time the funds are received from the Federal Government by the University, not when the original transcript forgeries occurred, nor when the accreditation was given to the University.
[7] And the substantial bounties offered whistle blowers under the False Claims Act may just be sufficient enough to defend against retaliation by the miscreants exposed, and incentive enough to bring about that change to which educators for too long have given only lip service.
www.newfoundations.com /EGR/FalseClaimsAct.html   (2139 words)

  
 False Claims Act
The False Claims Act is a specialized statute that was first signed into law by President Abraham Lincoln during the Civil War.
At that time, a number of False Claims Act suits were filed by individuals who literally copied their civil fraud allegations from federal criminal indictments.
Eliminated the need to prove specific intent by allowing a false claim when a defendant acts in “deliberate ignorance” or “reckless disregard” of the truth.
www.blowthewhistle.com /falseclaimsact/history2.html   (609 words)

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