Articles Tagged with government

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A study done by the National Contract Management Association revealed that in 2014, at close to three billion dollars, the Department of Defense accounted for two-thirds of the nation’s corporate contract spending.  This vast amount of money, however, provides ample incentive for dishonest contractors to bilk the government and taxpayers, and potentially put the lives of U.S. military members at risk.  One defense against these unscrupulous fraudsters is the False Claims Act.

During the Civil War, dishonest contractors sold the Union Army decrepit horses, faulty weapons, and rancid food. In response, Congress passed the False Claims Act on March 2, 1863. Abraham Lincoln was President when the False Claims Act was passed and it is sometimes referred to as the “Lincoln Law.”

The False Claims Act permits private individuals to bring lawsuits on behalf of the government for the fraudulent conduct.  The qui tam provision of the False Claims Act provides that the whistleblower who brings the action may share in any recovery by the government.

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If you are considering blowing-the-whistle on government fraud, you are probably wondering what happens once you file a qui tam lawsuit under the False Claims Act. The False Claims Act, 31 U.S.C. § 3729 et seq., contains a very detailed process for bringing a whistleblower case.

Steps involved in a qui tam case

Before the qui tam complaint is filed, the whistleblower (also called the “relator”) must make a “pre-filing disclosure” to the government through his or her attorney.  The pre-filing disclosure contains substantially all of the evidence that is known to the relator about the fraud.  The pre-filing disclosure is not filed with any court and is not available to the defendant.

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Ralph Nader is often credited with coining the modern term “whistleblower” to refer to an employee who reports illegal, unethical or wrongful conduct at his or her place of employment.   At our firm, we have had the privilege to represent many courageous whistleblowers who have had the integrity to stand up and report fraud and abuse against government programs when no one else at their workplaces would do so.  Here are a few of many reasons our country needs more such whistleblowers:

 1.     Fraud is Everywhere.

Politicians often differ on the amount of money that the government should spend.  But regardless of whether you believe in “big government” or “small government,” we all agree the government should not spend money on fraudulent goods and services.  The government loses billions each year to fraud and abuse against federal spending programs such as Medicare, Medicaid and defense contracting.  This hurts everyone (except for the fraudsters of course).