Qui Tam
False Certification Whistleblower
Lawyer Jason Coomer handles false certification qui tam
whistleblower lawsuits where whistleblowers and relators seek compensation on the
government's behalf from companies and people that have
defrauded taxpayers out of government money. Any
False Certification or Fraud made to the United States
Government for the purpose of obtaining money can create a
potential Qui Tam Federal
False Claims Act Lawsuit.
If you are aware of Medicare Fraud,
Defense Contractor Fraud, Government Contractor Fraud,
Public Works Fraud, Stimulus Fraud, or other government fraud and are
the original source with special
knowledge of fraud and want to be a whistleblower and
an American Hero, please feel free to
contact
False Certification Whistleblower Fraud Lawyer
Jason Coomer via
e-mail message or use our
submission form about a potential Qui Tam False
Claim Whistleblower
lawsuit regarding
health care fraud, defense contract fraud, or other
government fraud.
Federal Spending, Government Fraud Lawsuits,
Federal False Claims Lawsuits, False Certification
Claims
Lawsuits, and Qui Tam Lawsuits
Over the past several years
spending by the Federal government has increased
substantially including Medicare and Health Care
Spending, Defense Spending, Public Works Spending,
Bailout Spending, Road Construction Spending, Local
Government Spending, and
Public Health Spending. For more information
on Federal government spending, please go to the
following web pages on Federal government spending
Fedspending.org,
Stimulus Plan,
USASpending.gov, and
Recovery.gov.
With the sharp increase in
Federal Government Spending has come unethical
wrongdoers, that have committed fraud, made false claims, and
submitted false
certifications in order to steal millions and even
billions of dollars from the United States
Government. To prevent theft and fraud, the
government has recently enacted regulation that
expands the Federal False Claims Act and expands
protections for whistleblowers. This expansion
of the Federal False Claims Act was intended to
encourage whistleblowers to step forward and blow the
whistle on fraud against the government to which they
have specialized knowledge and are the original source.
The expansion also provides new protections to protect
whistleblowers from retaliation for filing false claims
act claims.
Under the Federal False Claims Act, fraudulent or
false claims by persons
or corporations made for payment or approval by the
United States Government can be the basis of relator qui
tam claims in which the relator or whistleblower can
obtain a portion of the money recovered by the
government for exposing the fraud. Whistleblowers
have successfully helped the United States Government
recover Billions of Dollars for wrongdoers. Some
common area of fraud against the United States
Government include government
contractors seeking payment for services not provided;
government contractors over billing and double billing;
health care providers seeking Medicare reimbursement for
services not provided or upcoded services;
Pharmaceutical companies seeking Medicare payments for
off-label drugs, patent fraud, defective vaccine fraud, or poor quality
goods; defense contractors seeking payment for poor
quality products, defective weapons, or not provide
services; road contractors falsely certifying services
completed or hours worked; TARP recipients making false
statements to obtain TARP funds; and subcontractors
falsely certifying services or goods were provided when
they were not.
Many other forms of fraud that can
lead to successful qui tam claims also exist. The
key is to obtain evidence of a fraudulent act or false
certification that has been made for the purpose of
obtaining money from the United States government.
To be a successful qui tam claim the relator must be the
original source with specialized knowledge of the fraud.
§ 3729. False Claims
(a) LIABILITY FOR CERTAIN ACTS
(1) IN GENERAL.—Subject to paragraph
(2), any person who—
(A) knowingly presents, or causes to
be presented, a false or fraudulent claim for payment or
approval;
(B) knowingly makes, uses, or causes
to be made or used, a false record or statement material
to a false or fraudulent claim;
(C) conspires to commit a violation
of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or
control of property or money used, or to be used, by the
Government and knowingly delivers, or causes to be
delivered, less than all of that money or property;
(E) is authorized to make or deliver
a document certifying receipt of property used, or to be
used, by the Government and, intending to defraud the
Government, makes or delivers the receipt without
completely knowing that the information on the receipt
is true;
(F) knowingly buys, or receives as a
pledge of an obligation or debt, public property from an
officer or employee of the Government, or a member of
the Armed Forces, who lawfully may not sell or pledge
property; or
(G) knowingly makes, uses, or causes
to be made or used, a false record or statement material
to an obligation to pay or transmit money or property to
the Government, or knowingly conceals or knowingly and
improperly avoids or decreases an obligation to pay or
transmit money or property to the Government, is liable
to the United States Government for a civil penalty of
not less than $5,000 and not more than $10,000, as
adjusted by the Federal Civil Penalties Inflation
Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law
104-410), plus 3 times the amount of damages which the
Government sustains because of the act of that person.
Common Types of Defense Contractor Fraud and
False Certifications that Lead to False Claims Act
Lawsuits
Defense contractor fraud is a common
way that government contractors defraud the United
States Government and taxpayers out of large amounts of
money. Many whistle blowers have been successful in
blowing the whistle on fraudulent defense contractors to
reveal fraud schemes that put our troops in danger and
steal money from the United States. Under False Claims
Act litigation billions of dollars are regained from
these fraudulent defense contractors. Some common ways
defense contractors cheat the government are False
Certification of Product Quality, Product Substitution,
Cross Charging, False Certification of Services
Provided, Charging for Services or Goods not provided,
and Violations of the Truth-in-Negotiations Act
("TINA"), and Improper Cost Allocation.
False Certification of Product
Quality commonly occurs after a product has been
approved for mass production. The original prototypes
of a product are typically created with high quality
materials and parts including strong metals, seals,
plastics, and components. However, after the original
prototypes have been tested and approved, some defense
contractors use inferior parts and materials to lower
costs that make weapons, ships, vehicles, computers,
electronics, and other military goods less reliable,
weaker, and more prone to not work when needed. The
defense contractor that provides a false certification
of a product's quality has committed a false
certification that may subject the defense contractor to
a False Certification of Product Quality False Claims
Act Law Suit.
The Defense of Department often
requires its contractors to build weapons systems in
accordance with very detailed product specifications
because quality and reliability are critical with
weapons systems and other military equipment. Failure to
comply with these specifications and falsely certifying
that these specifications were met can cause death and
place our troops in danger. As such it is extremely
important that appropriate quality assurance steps are
taken in building or producing weapons systems and other
military equipment and that a defense contractor's
certification of compliance with these specifications
can be trusted.
Similar to False Certification of
Product Quality Qui Tam Claims are Product Substitution
False Claims. These claims occur when a Defense
Contractor that is under a government contract that
specifies that the defense contractor build products
using a certain grade, quality of parts, or materials &
parts from American companies, fails to comply with the
contract. These Defense Contractors often decide it is
more profitable to use or substitute inferior parts or
parts not made by American companies. Defense
Contractors that use inferior parts or parts not made by
American Companies as required by their government
contract may be subject to a Product Substitution False
Claim Act Law Suit.
For more information on Defense
Contractor False Certification Qui Tam Whistleblower
Lawsuits, please go to the following webpage,
Defense Contractor False Certification Claims Lawyer.
Defense Contractor Fraud Claims in the News
The United States Department of
Defense spending for goods and services in Fiscal Year
2007 exceeded $300 billion. With this increased budget
has come relaxed oversight and regulation. Quality
control and proper testing of these good and services
has become lax as documentation for large defense
contracts has been reduced allowing fraudulent
contractors to get away with defrauding the Pentagon,
Department of Defense, and United States.
Recently several news stories have
surfaced regarding suspected defense contractor fraud
and government contractor fraud. Below are brief exerts
of some news stories on potential Defense Contractor
Fraud Claims and Government Contractor Fraud Claims.
For more information follow the links to these stories.
For more information on Defense
Contractor Fraud Qui Tam Whistleblower Lawsuits, please
go to the following webpage,
Defense Contractor Fraud Qui Tam Claim Lawyer.
American Recovery and Reinvestment Act of 2009
(February 2009)
In February 2009, the
American Recovery and Reinvestment Act of 2009 was
signed into law which includes significant new
whistleblower provisions. Section 1553 of the Act
prohibits any private employer or state or local
government that receives any funds pursuant to the Act
from retaliating against an employee who discloses,
internally or externally, information that the employee
reasonably believes constitutes evidence of one or more
of a number of specified improper uses of stimulus
funds, including gross mismanagement of an agency
contract or grant, gross waste of covered funds, or an
abuse of authority related to the implementation or use
of covered funds. Section 1553 establishes procedures
and damage remedies that are similar in some ways to
those with which many employers are familiar under
Section 806 of the Sarbanes-Oxley Act ("SOX"), but its
whistleblower provisions go beyond the whistleblower
protections of SOX in several respects.
Fraud Enforcement and Recovery Act of 2009 (May
2009)
In May 2009, the
Fraud Enforcement and Recovery Act of 2009 was
signed into law which makes important amendments to the
country's most important tool for fighting fraud, the
False Claims Act. This new Federal False Claim Act
Legislation will protect hundreds of billions spent on
government programs from fraud and government waste and
expand the ability of whistleblowers to collect
compensation.
This Act amends the False Claims Act
to: (1) expand liability under such Act for making false
or fraudulent claims to the federal government; and (2)
apply liability under such Act for presenting a false or
fraudulent claim for payment or approval (currently
limited to such a claim presented to an officer or
employee of the federal government). Requires persons
who violate such Act to reimburse the federal government
for the costs of a civil action to recover penalties or
damages. The Act also modifies and expands
provisions of the False Claims Act relating to
intervention by the federal government in civil actions
for false claims, sharing of information by the Attorney
General with a claimant, retaliatory relief, and service
upon state or local authorities in sealed cases.
The Act also redefines "claim" to
include claims submitted "to a contractor, grantee, or
other recipient, if the money or property is to be spent
or used on the Government's behalf or to advance a
Government program or interest." This language
makes explicit the ability of Government and
whistleblowers to pursue subcontractors and grantees.
This expansion will create potential liability to health
care providers and other businesses that contract with
government programs including Medicaid and Medicare.
The Act also redefines "obligation"
to include "an established duty, whether or not fixed,"
arising from a variety of relationships, and
specifically includes obligations "arising from statute
or regulation, or from the retention of any
overpayment." This change allows the government
and whistleblower to pursue violations of regulatory
statutes with penalty provisions as False Claims Act
Case and pursue false documents which are "material to
an obligation to pay or transmit money...to the
Government" regardless of whether a false claim has been
submitted. For example, a government contractor
who backdates records to support a claim already
submitted could be liable under this expansion.
The Act also expand the
anti-retaliation provisions from only employees to
include "contractors and agents" who "act to stop one or
more violations." This expanded protection could
extend to contractors in government-funded managed care
plans who take action to stop false reporting or illegal
denial of service by the plan.
These expansions to the Federal False
Claims Act should increase the number of Federal False
Claims Act Lawsuits and allow the Federal Government to
crack down on fraud and wasteful spending as well as
recoup money that has been fraudulently obtained.
The Fraud Enforcement and Recovery
Act also expands federal fraud laws to encompass
independent mortgage companies, which are not currently
covered by antifraud statutes that apply to traditional
banks. Such independent mortgage companies originated
approximately half of all subprime loans in 2005 and
2006. The bill defines a financial institution that will
be covered by the fraud statutes as any business that
finances or refinances mortgages. The Act expands the
mortgage-related violations that are subject to both
criminal and civil punishments. Additionally, the
legislation makes it a crime to appraise a property
falsely, an effort to prevent the purposeful inflation
of home value appraisals that contributed to the housing
bubble and the resulting housing crisis.
The Fraud Enforcement and Recovery
Act strengthens protections against attempts to defraud
the federal government, particularly through the
Troubled Asset Relief Program and the economic stimulus
package; expands the financial instruments that are
covered by the securities fraud statute; and clarifies a
money laundering statute. The Act provides $490 billion
in spending for investigation and prosecution of
mortgage fraud, securities fraud, and fraud cases
involving federal economic assistance.
Federal False Claims Act and Qui Tam Lawsuits
Below is the Federal False Claims
Act with the above discussed recent amendments:
THE FEDERAL FALSE CLAIMS ACT
31 U.S.C. §§ 3729-3730 As amended,
May 2009
§ 3729. False Claims
(a) LIABILITY FOR CERTAIN ACTS
(1) IN GENERAL.—Subject to paragraph
(2), any person who—
(A) knowingly presents, or causes to
be presented, a false or fraudulent claim for payment or
approval;
(B) knowingly makes, uses, or causes
to be made or used, a false record or statement material
to a false or fraudulent claim;
(C) conspires to commit a violation
of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or
control of property or money used, or to be used, by the
Government and knowingly delivers, or causes to be
delivered, less than all of that money or property;
(E) is authorized to make or deliver
a document certifying receipt of property used, or to be
used, by the Government and, intending to defraud the
Government, makes or delivers the receipt without
completely knowing that the information on the receipt
is true;
(F) knowingly buys, or receives as a
pledge of an obligation or debt, public property from an
officer or employee of the Government, or a member of
the Armed Forces, who lawfully may not sell orpledge
property; or
(G) knowingly makes, uses, or causes
to be made or used, a false record or statement material
to an obligation to pay or transmit money or property to
the Government, or knowingly conceals or knowingly and
improperly avoids or decreases an obligation to pay or
transmit money or property to the Government, is liable
to the United States Government for a civil penalty of
not less than $5,000 and not more than $10,000, as
adjusted by the Federal Civil Penalties Inflation
Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law
104-410), plus 3 times the amount of damages which the
Government sustains because of the act of that person.
(2) REDUCED DAMAGES.— If the court
finds that—
(A) the person committing the
violation of this subsection furnished officials of the
United States responsible for investigating false claims
violations with all information known to such person
about the violation within 30 days after the date on
which the defendant first obtained the information;
(B) such person fully cooperated with
any Government investigation of such violation; and
(C) at the time such person furnished
the United States with the information about the
violation, no criminal prosecution, civil action, or
administrative action had commenced under this title
with respect to such violation, and the person did not
have actual knowledge of the existence of an
investigation into such violation, the court may assess
not less than 2 times the amount of damages which the
Government sustains because of the act of that person.
(3) COSTS OF CIVIL ACTIONS.—
A person violating this subsection
shall also be liable to the United States Government for
the costs of a civil action brought to recover any such
penalty or damages.
(b) DEFINITIONS —For purposes of this
section
(1) the terms “knowing” and
“knowingly”—
(A) mean that a person, with respect
to information—
(i) has actual knowledge of the
information;
(ii) acts in deliberate ignorance of
the truth or falsity of theinformation; or
(iii) acts in reckless disregard of
the truth or falsity of the information; and
(B) require no proof of specific
intent to defraud;
(2) the term “claim” —
(A) means any request or demand,
whether under a contract or otherwise, for money or
property and whether or not the United States has title
to the money or property, that—
(i) is presented to an officer,
employee, or agent of the United States; or
(ii) is made to a contractor,
grantee, or other recipient, if the money or property is
to be spent or used on the Government’s behalf or to
advance a Government program or interest, and if the
United States Government —
(I) provides or has provided any
portion of the money or property requested or demanded;
or
(II) will reimburse such contractor,
grantee, or other recipient for any portion of the money
or property which is requested or demanded; and
(B) does not include requests or
demands for money or property that the Government has
paid to an individual as compensation for Federal
employment or as an income subsidy with no restrictions
on that individual’s use of the money or property;
(3) the term “obligation” means an
established duty, whether or not fixed, arising from an
express or implied contractual, grantor-grantee, or
licensor-licensee relationship, from a fee-based or
similar relationship, from statute or regulation, or
from the retention of any overpayment; and
(4) the term “material” means having
a natural tendency to influence, or be capable of
influencing, the payment or receipt of money or
property.
(c) EXEMPTION FROM DISCLOSURE Any
information furnished pursuant to subsection (a)(2)
shall be exempt from disclosure under section 552 of
title 5.
(d) EXCLUSION This section does not
apply to claims, records, or statements made under the
Internal Revenue Code of 1986.
§ 3730. Civil Actions for False
Claims
(a) RESPONSIBILITIES OF THE ATTORNEY
GENERAL The Attorney General diligently shall
investigate a violation under section 3729. If the
Attorney General finds that a person has violated or is
violating section 3729, the Attorney General may bring a
civil action under this section against the person.
(b) ACTIONS BY PRIVATE PERSONS
(1) A person may bring a civil action
for a violation of section 3729 for the person and for
the United States Government. The action shall be
brought in the name of the Government. The action may be
dismissed only if the court and the Attorney General
give written consent to the dismissal and their reasons
for consenting.
(2) A copy of the complaint and
written disclosure of substantially all material
evidence and information the person possesses shall be
served on the Government pursuant to Rule 4(d)(4) of the
Federal Rules of Civil Procedure. The complaint shall be
filed in camera, shall remain under seal for at least 60
days, and shall not be served on the defendant until the
court so orders. The Government may elect to intervene
and proceed with the action within 60 days after it
receives both the complaint and the material evidence
and information.
(3) The Government may, for good
cause shown, move the court for extensions of the time
during which the complaint remains under seal under
paragraph (2). Any such motions may be supported by
affidavits or other submissions in camera. The defendant
shall not be required to respond to any complaint filed
under this section until 20 days after the complaint is
unsealed and served upon the defendant pursuant to Rule
4 of the Federal Rules of Civil Procedure.
(4) Before the expiration of the
60-day period or any extensions obtained under paragraph
(3), the Government shall—
(A) proceed with the action, in which
case the action shall be conducted by the Government; or
(B) notify the court that it declines
to take over the action, in which case the person
bringing the action shall have the right to conduct the
action.
(5) When a person brings an action
under this subsection, no person other than the
Government may intervene or bring a related action based
on the facts underlying the pending action.
(c) RIGHTS OF THE PARTIES TO QUI TAM
ACTIONS
(1) If the Government proceeds with
the action, it shall have the primary responsibility for
prosecuting the action, and shall not be bound by an act
of the person bringing the action. Such person shall
have the right to continue as a party to the action,
subject to the limitations set forth in paragraph (2).
(2)
(A) The Government may dismiss the
action notwithstanding the objections of the person
initiating the action if the person has been notified by
the Government of the filing of the motion and the court
has provided the person with an opportunity for a
hearing on the motion.
(B) The Government may settle the
action with the defendant notwithstanding the objections
of the person initiating the action if the court
determines, after a hearing, that the proposed
settlement is fair, adequate, and reasonable under all
the circumstances. Upon a showing of good cause, such
hearing may be held in camera.
(C) Upon a showing by the Government
that unrestricted participation during the course of the
litigation by the person initiating the action would
interfere with or unduly delay the Government’s
prosecution of the case, or would be repetitious,
irrelevant, or for purposes of harassment, the court
may, in its discretion, impose limitations on the
person’s participation, such as —
(i) limiting the number of witnesses
the person may call;
(ii) limiting the length of the
testimony of such witnesses;
(iii) limiting the person’s
cross-examination of witnesses; or
(iv) otherwise limiting the
participation by the person in the litigation.
(D) Upon a showing by the defendant
that unrestricted participation during the course of the
litigation by the person initiating the action would be
for purposes of harassment or would cause the defendant
undue burden or unnecessary expense, the court may limit
the participation by the person in the litigation.
(3) If the Government elects not to
proceed with the action, the person who initiated the
action shall have the right to conduct the action. If
the Government so requests, it shall be served with
copies of all pleadings filed in the action and shall be
supplied with copies of all deposition transcripts (at
the Government’s expense). When a person proceeds with
the action, the court, without limiting the status and
rights of the person initiating the action, may
nevertheless permit the Government to intervene at a
later date upon a showing of good cause.
(4) Whether or not the Government
proceeds with the action, upon a showing by the
Government that certain actions of discovery by the
person initiating the action would interfere with the
Government’s investigation or prosecution of a criminal
or civil matter arising out of the same facts, the court
may stay such discovery for a period of not more than 60
days. Such a showing shall be conducted in camera. The
court may extend the 60-day period upon a further
showing in camera that the Government has pursued the
criminal or civil investigation or proceedings with
reasonable diligence and any proposed discovery in the
civil action will interfere with the ongoing criminal or
civil investigation or proceedings.
(5) Notwithstanding subsection (b),
the Government may elect to pursue its claim through any
alternate remedy available to the Government, including
any administrative proceeding to determine a civil money
penalty. If any such alternate remedy is pursued in
another proceeding, the person initiating the action
shall have the same rights in such proceeding as such
person would have had if the action had continued under
this section. Any finding of fact or conclusion of law
made in such other proceeding that has become final
shall be conclusive on all parties to an action under
this section. 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 has expired,
or if the finding or conclusion is not subject to
judicial review.
(d) AWARD TO QUI TAM PLAINTIFF
(1) If the Government proceeds with
an action brought by a person under subsection (b), such
person shall, subject to the second sentence of this
paragraph, receive at least 15 percent but not more than
25 percent of the proceeds of the action or settlement
of the claim, depending upon the extent to which the
person substantially contributed to the prosecution of
the action. Where the action is one which the court
finds to be based primarily on disclosures of specific
information (other than information provided by the
person bringing the action) relating to allegations or
transactions in a criminal, civil, or administrative
hearing, in a congressional, administrative, or
Government [General] Accounting Office report, hearing,
audit, or investigation, or from the news media, the
court may award such sums as it considers appropriate,
but in no case more than 10 percent of the proceeds,
taking into account the significance of the information
and the role of the person bringing the action in
advancing the case to litigation. Any payment to a
person under the first or second sentence of this
paragraph shall be made from the proceeds. Any such
person shall also receive an amount for reasonable
expenses which the court finds to have been necessarily
incurred, plus reasonable attorneys’ fees and costs. All
such expenses, fees, and costs shall be awarded against
the defendant.
(2) If the Government does not
proceed with an action under this section, the person
bringing the action or settling the claim shall receive
an amount which the court decides is reasonable for
collecting the civil penalty and damages. The amount
shall be not less than 25 percent and not more than 30
percent of the proceeds of the action or settlement and
shall be paid out of such proceeds. Such person shall
also receive an amount for reasonable expenses which the
court finds to have been necessarily incurred, plus
reasonable attorneys’ fees and costs. All such expenses,
fees, and costs shall be awarded against the defendant.
(3) Whether or not the Government
proceeds with the action, if the court finds that the
action was brought by a person who planned and initiated
the violation of section 3729 upon which the action was
brought, then the court may, to the extent the court
considers appropriate, reduce the share of the proceeds
of the action which the person would otherwise receive
under paragraph (1) or (2) of this subsection, taking
into account the role of that person in advancing the
case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the
action is convicted of criminal conduct arising from his
or her role in the violation of section 3729, that
person shall be dismissed from the civil action and
shall not receive any share of the proceeds of the
action. Such dismissal shall not prejudice the right of
the United States to continue the action, represented by
the Department of Justice.
(4) If the Government does not
proceed with the action and the person bringing the
action conducts the action, the court may award to the
defendant its reasonable attorneys’ fees and expenses if
the defendant prevails in the action and the court finds
that the claim of the person bringing the action was
clearly frivolous, clearly vexatious, or brought
primarily for purposes of harassment.
(e) CERTAIN ACTIONS BARRED
(1) No court shall have jurisdiction
over an action brought by a former or present member of
the armed forces under subsection (b) of this section
against a member of the armed forces arising out of such
person’s service in the armed forces.
(2)
(A) No court shall have jurisdiction
over an action brought under subsection (b) against a
Member of Congress, a member of the judiciary, or a
senior executive branch official if the action is based
on evidence or information known to the Government when
the action was brought.
(B) For purposes of this paragraph,
“senior executive branch official” means any officer or
employee listed in paragraphs (1) through (8) of section
101(f) of the Ethics in Government Act of 1978 (5 U.S.C.
App.).
(3) In no event may a person bring an
action under subsection (b) which is based upon
allegations or transactions which are the subject of a
civil suit or an administrative civil money penalty
proceeding in which the Government is already a party.
(4)
(A) No court shall have jurisdiction
over an action under this section based upon the public
disclosure of allegations or transactions in a criminal,
civil, or administrative hearing, in a congressional,
administrative, or Government [General] Accounting
Office report, hearing, audit, or investigation, or from
the news media, unless the action is brought by the
Attorney General or the person bringing the action is an
original source of the information.
(B) For purposes of this paragraph,
“original source” means an individual who has direct and
independent knowledge of the information on which the
allegations are based and has voluntarily provided the
information to the Government before filing an action
under this section which is based on the information.
(f) GOVERNMENT NOT LIABLE FOR CERTAIN
EXPENSES The Government is not liable for expenses which
a person incurs in bringing an action under this
section.
(g) FEES AND EXPENSES TO PREVAILING
DEFENDANT In civil actions brought under this section by
the United States, the provisions of section 2412(d) of
title 28 shall apply.
(h) RELIEF FROM RETALIATORY ACTIONS
(1) IN GENERAL.—Any employee,
contractor, or agent shall be entitled to all relief
necessary to make that employee, contractor, or agent
whole, if that employee, contractor, or agent is
discharged, demoted, suspended, threatened, harassed, or
in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done
by the employee, contractor, or agent on behalf of the
employee, contractor, or agent or associated others in
furtherance of other efforts to stop 1 or more
violations of this subchapter.
(2) RELIEF.—Relief under paragraph
(1) shall include reinstatement with the same seniority
status that employee, contractor, or agent would have
had but for the discrimination, 2 times the amount of
back pay, interest on the back pay, and compensation for
any special damages sustained as a result of the
discrimination, including litigation costs and
reasonable attorneys’ fees. An action under this
subsection may be brought in the appropriate district
court of the United States for the relief provided in
this subsection.
TARP Fraud Lawsuits, Bail Out Fraud
Lawsuits, and Qui Tam Lawsuits
The Troubled Asset Relief Program
(TARP) is a $700 Billion Bail Out of the troubled
United States Banking and Credit System. It
was designed to unfreeze the credit market and
enable the government to purchase residential and
commercial mortgage assets, including whole loans
and securities. Unfortunately, after it was
announced numerous Corporate interests began
scheming on how to get as much of the Bail Out money
as possible and use the money not for its intended
purpose, but to enrich the corporations,
shareholders, and CEOs that were able to get a
portion of the money.
If you are aware of a corporation,
CEO, or individual that has fraudulently obtained Bail
Out money or intentionally used this money contrary to
its intended purpose, there may be a viable Qui Tam
Claim that would allow you not only to recoup government
money for U.S. taxpayers, but also collect a portion of
that money for yourself.
Economic Incentives for Whistleblowers
Lawsuits, Government Fraud Lawsuits, and Qui Tam Lawsuits
When a government imposes a
penalty, for the doing or not doing an act, and
gives that penalty in part to whistleblowers that
will sue for the same, and the other part of the
recovery goes to the government, and makes it
recoverable by action, such actions are called "qui
tam actions", the plaintiff is suing on their own
behalf as well for the government and taxpayers.
Qui tam provisions of the False
Claims Act are based on the theory that one of the
least expensive and most effective means of
preventing frauds on taxpayers and the government is
to make the perpetrators of government fraud liable
to actions by private persons acting under the
strong stimulus of personal ill will or the hope of
gain.
The strong public policy behind
creating an economic gain for whistleblowers is that
the government would be significantly less likely to
learn of the allegations of fraud, but for persons
in certain positions with specialized knowledge of
fraud that has been committed. Congress has made it
clear that creating this economic incentive is
beneficial not only for the government, taxpayers,
and the realtor, but is an efficient method of
regulating government to prevent fraud and
fraudulent schemes.
The central purpose of the qui
tam provisions of the False Claims Act is to set up
incentives to supplement government regulation and
enforcement by encouraging whistleblowers with
specialized knowledge of fraud going on in the
government to blow the whistle on the crime.
The whistleblower's share of
recovery is a maximum of 30 percent and the
government's prior knowledge of fraud now does not
necessarily bar a whistleblower from collecting lost
revenue. If the government takes over the
lawsuit, the relator can "continue as a party to the
action." The defendant is also required to pay for
the relator's attorney fees. The whistleblower is
also protected from retaliatory actions by his or
her employer. As a result a 1986 amendment to the
False Claims Act, qui tam lawsuits have increased
dramatically. Though the amendment was first made
for corrupt defense contractors, the amendment has
uncovered billions of dollars in health care fraud
and will probably apply to fraudulently obtained
TARP and Bail Out Funds.
Federal False Claim Act Whistleblower Lawyers and
Federal False Claims Act Fraud Lawsuits (Qui Tam Lawyers & Relator Claims)
Through Federal False Claims Act Whistleblower Lawsuits, Qui Tam
Lawsuits, and other Government Fraud
Lawsuits, hundreds of billions of dollars have been recovered from
fraudulent government contractors that have stolen large amounts of money from the
government and taxpayers.
It is extremely important that
Whistleblowers continue to expose fraudulent billing
practices and unnecessary treatments that cost billions
of dollars. If you are aware of a large
government contractor that is defrauding the
United States Government out of millions or billions of
dollars, contact Texas
Federal False Claims Act Whistleblower Lawyer Jason Coomer. As a
Federal False Claims Act
Whistle Blower Lawyer, he works with other powerful qui
tam lawyers that handle large Government Fraud cases.
He works with San Antonio Qui Tam Lawyers,
Houston Medicare Fraud
Whistleblower
Lawyers, California Healthcare Fraud Lawyers, Dallas Defense
Contractor Fraud Lawyers, and other
Medicare Fraud
Whistleblower
Lawyers as well as with Qui Tam Federal False Claim Act Whistleblower Lawyers throughout the
United States and the
World to blow the whistle on fraud that hurts the United
States and taxpayers.
If you are aware of
Medicare Fraud,
Defense Contractor Fraud,
Stimulus Fraud,
Government Contractor Fraud, or other government fraud and are
the original source with special
knowledge of fraud and want to be a whistleblower and
an American Hero, please feel free to
contact
Federal False Claims Act Whistleblower Fraud Lawyer
Jason Coomer via
e-mail message or our
submission form about a potential False
Claim
regarding a Health
Care Fraud lawsuit,
Medicare and Medicaid Fraud Lawsuit,
Defense
Contract Fraud Lawsuit, or other
Government Fraud
Lawsuits.