The False Claims Act is one of the strongest whistleblower protection laws in the United States. However, a whistleblower must follow the strict requirements of the Act to be afforded protection.
Below are Frequently Acted Questions regained the False Claims Act:
What is the False Claims Act?
The FCA allows whistleblowers, called “relators,” to file a claim, called a “qui tam” lawsuit, on behalf of the government against an individual or company for defrauding government programs. For example, an employee of a healthcare company can file a qui tam action against the healthcare company and on behalf of the government if the employee has evidence of Medicare or Medicaid fraud. The government has the right to intervene in the cases.
What is considered a violation of the False Claims Act?
A violation of the Act occurs when and individual or company knowingly presents, or causes to be presented, to the government a false for fraudulent claim for payment; OR knowing used, or causes to be used, a false record or statement to get a claim paid by the government; OR conspires with others; OR knowingly uses, or causes to be used, a false record or statement to conceal, avoid, or decrease an obligation to pay money or property to the government.
Who can file a qui tam action?
Anyone with evidence of fraud against a government program may file a claim.
What is the statute of limitations?
A qui tam act must be filed, the later of, within six years of the date of the violation, or three years after the government know or should have known of the violation, but no longer then ten years after the violation.
Are whistleblowers protected under the False Claims Act?
The FCA protects whistleblowers who, in good faith, report violations Act who suffer workplace retaliation. A whistleblower may be entitled to reinstatement, double back pay, and compensation or special damages including attorneys’ fees.
If you are considering becoming a whistleblower it is important to speak with an experience whistleblower lawyer prior to reporting the fraud.
Miller Law Group has extensive experience representing whistleblowers for Healthcare Fraud, Medicare & Medicaid Fraud, and Government Contract Fraud.
Contact Miller Law Group for a free consultation, or call 919-348-4361.
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