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Reporting government fraud is incredibly important. The fraud concerns hard-working taxpayer dollars. Because government fraud is such a substantial issue, the False Claims Act was established as a way of providing a loophole for private citizens.
At Herman Law Group, our False Claims Act Attorneys are committed to providing legal representation to whistleblowers, ensuring your rights are protected. Keep reading to find out what the False Claims Act is and what protections whistleblowers are entitled to.
What Is the False Claims Act (FCA)?
The False Claims Act, also called the Lincoln Law, is a whistleblower law that allows private citizens to sue individuals, entities, or companies that are committing government fraud. If the case is successful, the whistleblower is paid a percentage of the total amount recovered by the government. That amount can be substantial and ranges from 15% to 30% of the government’s total recovery. The FCA also provides protection against retaliation, especially for individuals who are suing their employer.
Examples of False Claims Act Violations
The False Claims Act covers a wide range of deceptive means in which to obtain government funds. Here are some examples of common False Claims Act violations:
- Falsifying records or altering billing codes;
- Billing for medically unnecessary services
- Violations of the anti-kickback statute and doctor self-referrals, in which providers obtain improper payments for patient referrals.
- Failure to return overpayments.
If you have knowledge of fraud involving public funds, you need to get in touch with a False Claims Act attorney. An attorney and law firm experienced in bringing cases under the False Claims Act will have the skills and resources necessary to help you in bringing a successful qui tam lawsuit. They will also provide you with legal representation to ensure your rights are protected.
What Is a Qui Tam Action?
A qui tam action is a lawsuit brought against a company and/or individual to recover fraudulently obtained government funds, including government sponsored programs such as Medicare and Medicaid. While anybody can file a qui tam lawsuit as a whistleblower if they have knowledge of fraud and evidence to prove it, in the majority of cases, the person bringing the action is an employee, contractor, subcontractor, or patient.
As an employee, you are afforded additional whistleblower protections under FCA to protect you from retaliation.
Whistleblower Rewards and Protections
To encourage whistleblowers to come forward and report government fraud, the FCA provides specific protections. These protections include:
- Protection from employer retaliation, including suspension, harassment, demotion, and discharge. The FCA also ensures that if workplace retaliation does take place, employees are entitled to relief. This includes double backpay, reinstatement, compensatory damages for emotional distress, and reasonable attorneys’ fees. If you suspect an individual, entity, or company of engaging in deceptive or other improper means to obtain government funds, reach out to a False Claims Act attorney at Herman Law Group at 401-277-4110. The first consultation is free, completely confidential, and you do not have to move forward unless you are ready.