False Claims Act
A False Claims Act case involves proving that someone cheated the Federal Government out of $250,000.00 or more: So to bring a claim you must have personal knowledge that someone is cheating the Federal Government out of more than $250,000.00. Most often claims involve overcharging for a product, failing to perform a service, delivering less than the promised amount of goods or services, underpaying money owed to the government, and charging for one thing but delivering another, to list just a few examples. The False Claims Act is found at 31 U.S.C. §§ 3729-33 (legal definitions of a false claim can be found at 31 U.S.C. § 3729).
To bring a claim, you must have some way to independently verify the fraud, in other words, you must have hard evidence showing that fraud occurred: A claim cannot be based on mere suspicions. The more documentation you have establishing fraud, the more likely a private attorney and the Federal government will be interested in your case. FCA cases often involve frauds not apparent to the untrained eye, which is why they may remain undetected by the government. If you discovered the fraud, then your participation in the qui tam law suit is critical to the prosecution. Billing records, for example, may scream “fraud!” to someone with specialized knowledge, but look perfectly legitimate to others. A whistleblower should be prepared to show how the fraud works, and explain how the evidence reveals a pattern of fraud against the federal government (or any one of the 13 states with their own False Claims Act laws). Your claim will be barred if you learned about the fraud from the media or from other public documents or if the fraud occurred more than six years ago. Moreover, the FCA does not cover tax fraud.
If you have a potential False Claims Act case contact Denver Whistleblower Attorney Gregory A. Hall at: