In 1863, Congress enacted the False Claims Act (FCA) to hold individuals and companies responsible when they defraud governmental programs. There is a provision in the FCA that allows a person not affiliated with the government to file claims on behalf of the government. This has come to be known as “whistleblowing,” because the person is drawing attention to fraud, or “blowing the whistle” on foul play.
There are a number of types of fraud and corruption that may be investigated for violations of the FCA and whistleblower laws. These include any instances where individuals or businesses attempt to solicit a fraudulent claim for payment. This may include payments for goods or services. Some examples of possible whistleblower investigations include:
- A contractor who falsifies test results or other information regarding the quality or cost of products it sells to the Government;
- A health care provider who bills Medicare for services that were not performed or were unnecessary;
- A grant recipient who charges the Government for costs not related to the grant;
- Possible violations of the federal securities law that results in penalties or recoveries by the SEC or agencies;
- Tax fraud of more than $2 million, or any fraud committed by an individual who makes more than $200,000 per year;
- Lying to the government about the true wholesale price of prescription drugs;
- Double billing.
There also is a part of the False Claims Act that is known as the “whistleblower protection” provision. This provision ensures that if you are fired, demoted, suspended, threatened or discriminated against in any other way by an employer as a result of your filing a report of fraud, that you will be reinstated to your former position. This includes receiving any seniority that may have been affected, as well as back pay, interest and other compensation that may be due as a result of damages or losses you suffered as a result of filing a claim.
If you feel you have a claim, our attorneys would like to talk to you. You may be entitled to compensation. Contact us today for a free, no-obligation legal consultation.