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Topic: False Claims Law


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  False Claims Act - Wikipedia, the free encyclopedia
In the United States, the False Claims Act (based on the Federal False Claims Act 31 U.S.C. 3729 et seq.) provides a powerful legal tool to counteract fraudulent billings turned in to the Federal Government.
Citizens with insider knowledge of false claims in health care, military, or other government spending programs can be rewarded.
Falsely certifying the type or amount of property to be used by the Government;
en.wikipedia.org /wiki/False_Claims_Law   (339 words)

  
 U.S. false claims law - Wikipedia, the free encyclopedia
Known as the Lincoln Law, defendants shown to have defrauded the government faced penalties of double the damages suffered by the government plus a $2,000 civil penalty per false claim.
A relator is not required to file suit as soon as he or she uncovers the false claims.
In particular, the AHA seeks to raise the intent level required to prove a false claim and to raise the burden of proof from a preponderance of the evidence standard to a clear and convincing standard.
en.wikipedia.org /wiki/U.S._false_claims_law_(in_depth)   (3118 words)

  
 The False Claim Act
False claims procedure (a) A subpena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title [31 USCS
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.healthcarecompliance.info /fca.htm   (3369 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.
In considering amendments to the False Claims Act, Congress recognized that "the most serious problem plaguing effective enforcement [of federal anti-fraud laws] is lack of resources on the part of Federal enforcement agencies." Congressional leaders thus acknowledged that in many instances the government’s enforcement team was over-matched by the legal teams retained by major contractors.
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   (4393 words)

  
 Proposed NYC False Claims Law
Compensation by the city of claims that are false or fraudulent has a considerable impact upon the city’s treasury through the loss of untold amounts of public dollars.
Since the federal false claims act was substantially amended in 1986, the federal government has recovered billions of dollars under the act.
Notwithstanding any other provision of law, for the purposes of this chapter, an action under this chapter is commenced by the filing of the complaint in any court of competent jurisdiction.
www.ffhsj.com /quitam/nycfca.htm   (2497 words)

  
 Medicare Fraud Whistleblower West Coast's Premier Qui Tam Attorney Defense Fraud   (Site not responding. Last check: 2007-10-21)
(1) All claims by the District government against a contractor arising under or relating to a contract shall be decided by the contracting officer who shall issue a decision in writing, and furnish a copy of the decision to the contractor.
(1) of this section shall state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to have been violated.
(4) 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 an attorney, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness.
www.warrenbensonlaw.com /fs-dc.html   (5366 words)

  
 Qui Tam-False Claims Act Tidewater, Virginia Attorneys - AFLG
The Federal False Claims Act, also known as the Qui Tam law, is a system put in place that allows private citizens, with the help of their own attorneys, to stop fraud against the government and to claim handsome rewards for their efforts.
The False Claims Act, during its decade-long history as a statute with real teeth, has allowed scores of private citizens, with the help of their private attorneys, to sue the wrongdoers, acting like a private attorney general.
It is similar to the Federal False Claims Act in its application and penalties, but the citizen and their private attorneys work along with the State Attorney’s General Office.
www.antifraudlawgroup.com   (447 words)

  
 TAF- Federal False Claims Act
(iii) identify the false claims law investigator to whom such material shall be made available.
(iii) identify the false claims law investigator to whom such answers shall be submitted.
(ii) identify a false claims law investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted;
www.taf.org /federalfca.htm   (5121 words)

  
 FraudMail Alert
The state law clearly reflects the influence of plaintiffs' trial lawyers and other interest groups reacting to federal court decisions properly limiting the application of the federal law.
The Massachusetts law allows liability to be imposed on corporations and other entities for the acts of their agents, regardless of whether the agent acted to benefit the principle, and regardless of whether the principal adopted or ratified that agent's conduct.
The law bars actions by certain state or political subdivision employees who learned of the underlying facts or allegations in their capacity as employees of the government, or by other individuals who learned of the allegations from such government employees.
www.ffhsj.com /wcc/frdarch/fm000921.htm   (889 words)

  
 MASSACHUSETTS FALSE CLAIMS ACT
"False claims action", an action filed by the office of the attorney general or a relator pursuant to this section.
Notwithstanding any general or special law to the contrary, it shall not be a cause for dismissal or a basis for a defense that the relator could have brought another action based on the same or similar facts under any other law or administrative proceeding.
(ii) the employee voluntarily disclosed information prior to being dismissed to a government or law enforcement agency or acts in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed.
www.whistleblowers.com /HTML/FRM/fcamas_f.htm   (3113 words)

  
 Taxpayers Against Fraud - the False Claims Act Legal Center / Qui Tam
Total False Claims Act recoveries since the 1986 amendments are now approaching $16 billion, with more than $1.5 billion recovered in FY 2005, and more than $600 million in civil penalties recovered in the first month of FY To put this into perspective, the $15.865 billion
False Claims Act" and that "this effort appears to be organized by companies that have themselves been sued under the False Claims Act for defrauding the Medicare and Medicaid programs." So far corporate lobbyists have failed to find a legislative vehicle to weaken the FCA.
The reason for this is that the False Claims Act calls for triple damages so the Government can be made whole, not only by recouping the cost of whistleblower awards, but also by recovering the cost of investigations, prosecutions, and lost interest.
www.taf.org   (3710 words)

  
 US CODE: Title 31,3733. Civil investigative demands
Effect on other orders, rules, and laws.— Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this section) preventing or restraining disclosure of such product of discovery to any person.
By whom served.— 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.
Transcript of testimony.— 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.
www.law.cornell.edu /uscode/uscode31/usc_sec_31_00003733----000-.html   (3019 words)

  
 False Claims Act   (Site not responding. Last check: 2007-10-21)
law which is under investigation, and the applicable provision of law alleged to be violated.
(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.
subsection (a) may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand.
www.falseclaim.com /falseclaim.html   (5671 words)

  
 Whistleblower Laws
It provides an introduction to the law and acts as a place to start in order for a whistleblower to find a lawyer to represent him or her.
Laws exist to make sure that our Government is getting the products and services that it pays for and is not being cheated.
Congress passed a law, called the False Claims Act, which provides legal rights to those who blow the whistle on fraud.
whistleblowerlaws.com /whistleblower.htm   (220 words)

  
 The False Claims Act
This section does not apply to claims, records, or statements made under the Internal Revenue Code of 1954.
For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion is not subject to judicial review.
date as the false claims law investigator may prescribe in writing.
whistleblowerlaws.com /fca.htm   (5201 words)

  
 Helmer, Martins, Rice & Popham, Attorneys at Law   (Site not responding. Last check: 2007-10-21)
The False Claims Act, first signed into law by President Abraham Lincoln in 1863, is the principal weapon of the United States in fighting government contract false claims and fraud.
The False Claims Act was amended in 1986 to increase the ability of private citizen whistleblowers to effectively attack misconduct by government contractors.
The Third Edition of "False Claims Act Whistleblower Litigation," our hardbound treatise for lawyers representing False Claims Act relators and for people who believe that they may need to blow the whistle on government contract abuse is available now from Matthew Bender and Co.
www.hmm-law.com   (254 words)

  
 Definition of Fraud
In law, fraud is the crime or offense of deliberately deceiving another in order to damage them -- usually, to obtain property or services from him unjustly.
In criminal law it is called "theft by deception." Fraud can be committed through many methods, including mail, wire, phone, and the Internet.
Each of the criminal offences have a further common element of dishonesty, although in some there is no requirement that the dishonest person is intent on gaining himself, it is sufficient that he has an intent to cause to loss to another.
www.wordiq.com /definition/Fraud.html   (571 words)

  
 Whistleblower Action Network - Whistleblower Act Lawyers
An Illinois road builder agreed to pay $500,000 to settle whistleblower-sparked allegations of billing for materials it never used in a false claims case that began five years ago when Chicago whistleblower attorney Michael I. Behn, a former federal prosecutor, was retained to bring fraud allegations to Illinois and the federal government.
The state of Nevada is prosecuting a major False Claims Act lawsuit filed by WAN attorney Steve Cohen against the pharmaceutical giant Merck.
The Court's opinion favorably addresses the following issues: the "public disclosure" and "first-to-file" provisions of the False Claims Act, the standards for pleading fraud with particularity under Federal Rule of Civil Procedure 9(b), and the individual liability of the CEO and Chairman of the Board of the corporate defendants.
www.cohenlawgroup.com /whistleblower_act.html   (1947 words)

  
 Qui Tam Whistleblower Law Firm   (Site not responding. Last check: 2007-10-21)
A qui tam is an action brought on behalf of the United States of America by a Relator or private person under The False Claims Act to recover funds wrongfully taken from the United States.
In another smaller case, the recovery for the Relator, in addition to the recovery of a share of the fraud under the False Claims Act, included about $100,000.00 in lost wages and other damages, all of which was to compensate a fired employee.
We are also proud to have been part of the team instrumental in the passage of the Virginia Fraud Against Taxpayers Act (the State Version of the False Claims Act, for Civil Penalty for Fraud Against the Taxpayers of the Commonwealth of Virginia to become effective Janurary 1, 2003).
www.falseclaim.com   (662 words)

  
 Attorney Daniel Buckley, Vorys, Sater, Seymour and Pease LLP, Cincinnati, Ohio   (Site not responding. Last check: 2007-10-21)
Buckley served as law clerk to the Honorable Julius J. Hoffman, United States District Judge for the Northern District of Illinois.
Buckley has served as an adjunct professor of constitutional law at Wilmington College and as a faculty member of the National Institute of Trial Advocacy.
Buckley is an adjunct professor in trial skills at the University of Cincinnati College of Law and is a Master of the Bench, Potter Stewart Inns of Court.
www.vssp.com /bio/DanielBuckley.asp   (297 words)

  
 False Claims Law Firm: Boies, Schiller & Flexner LLP   (Site not responding. Last check: 2007-10-21)
The firm’s False Claims Act department is an important segment of the firm and works closely with the firm’s attorneys located in offices throughout the United States.
Successful False Claims Act prosecution of Allina Healthcare Corporation, one of the largest health maintenance organizations in the Midwest and several hospitals and anesthesiologists resulting in settlement before trial.
Currently the firm also represents a number of Relators in ongoing False Claims Act cases in the healthcare field and other fields, the specifics of which remain under seal and cannot be disclosed at this time.
www.false-claims.net /boies-schiller-flexner.html   (276 words)

  
 Birmingham Alabama Personal Injury Attorneys Aviation Law Commercial Business Litigation Lawyers   (Site not responding. Last check: 2007-10-21)
At Hare, Wynn, Newell and Newton LLP, our attorneys are proud to be part of a tradition of legal excellence, providing a broad range of services from our offices in Birmingham, Alabama, and Little Rock, Arkansas.
We are very thorough in our investigation of each case and we form a partnership with our clients so they are actively involved in pursuing their claim.
We invite you to learn more about any of these areas by clicking on the name of the practice area in order to be taken to a page dedicated to that topic.
hwnn.lawoffice.com /CM/Custom/TOCPracticeAreaDescriptions.asp   (216 words)

  
 Time to arm citizens to combat government fraud
One major incentive for such citizen involvement is the fact that federal law provides for a share of the damages for the citizen fraud fighter, payment of attorney's fees and protection from retaliation.
The lack of a state False Claims law to fight for government accountability enables abuses like these to go unpunished.
because of the state's claims history and the number of audit findings relating to inadequate internal controls, it was not easy to find carriers willing to provide coverage.
www.effwa.org /opeds/2004_12_21.php   (727 words)

  
 The False Claims Act Resource Center
Under the Federal False Claims Act, private citizens who know of people or companies that are defrauding the government may sue on the government's behalf and share in the proceeds of the suit.
The False Claims Act Resource Center was developed and is maintained by Miller, Alfano & Raspanti, P.C., a Philadelphia law firm with substantial experience representing whistleblowers.
Attorneys at the law offices of Miller, Alfano & Raspanti are licensed to practice law in the Commonwealth of Pennsylvania and the State of New Jersey.
www.falseclaimsact.com   (209 words)

  
 California whistleblower lawyer at national qui tam False Claims Act law firm
She has worked extensively on qui tam lawsuits brought under state false claims laws for fraud against municipalities and state agencies.
Inman graduated cum laude from the University of Pennsylvania Law School in 1994, where she was an articles editor and an associate editor of the University of Pennsylvania Law Review.
After law school, she clerked for the Honorable D. Brock Hornby, U.S. District Court for the District of Maine, and the Honorable Norman H. Stahl of the U.S. First Circuit Court of Appeals.
phillipsandcohen.com /CM/Attorneys/MaryAInman.asp   (257 words)

  
 False Claims Law   (Site not responding. Last check: 2007-10-21)
In case such a complaint goes unheard, or if there is a suspect that the provider is engaged in fraudulent practices, the consumer can help his government recover misappropriated tax dollars through the citizen lawsuit provisions of the False Claims Act.
The False Claims Act establishes liability when any person or entity improperly receives from, or avoids payment to, the federal government—except for tax fraud.
It is designed to give private citizens the power to file a civil lawsuit to recover money on behalf of the federal government when the federal government has been defrauded.
www.eurofreehost.com /fa/False_Claims_Law.html.txt   (415 words)

  
 FalseClaimsLaw.Com
He successfully sued Midland Title Corporation under the False Claims Act for falsification of HUD-1 statements to hide Federal Block Grant Fraud in Akron, Ohio.
It is general material on false claims law.
Due to the rapidly changing nature of the law in this field, material in these pages may have been superseded by the time you read it.
www.falseclaimslaw.com   (166 words)

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