The Federal False Claims Act 37 USC Section 3721 requires public and private recipients of federal funds to return those funds when they are no longer entitled to them. Stephen Danz & Associates, a Los Angeles federal false claims lawyer has litigated false claims cases since 1986. We view each potential case based on one of the following categories:
2) Fraud in the Negotiating Phase;
3) False Certification of goods or services sold;
4) Reverse False Claims;
5) Misrepresented goods or services
At it’s core, the FCA requires the submission of a false “claim”. This was very narrowly defined until the 1986 amendments, which now includes in its definition vouchers for government contractors, contract progress reports (such as health care providers made concerning practices), projected costs of completing government contracts, false certificates of compliance with health care or environmental reports, applications for student financial aid, proof of loss claims submitted to federal insurance programs, republication of drug manufactures’ false average daily wholesale prices for drugs. All cases are originally presented (under seal) to the Department of Justice (www.doj/gov)for determination as to whether to join the suit or allow private counsel to litigate the case. Relator’s share of recovery is higher if the government declines intervention. (Up to 30% without intervention, generally about 20% with intervention. The California Whistleblower Protection Act, by contrast, provides for a 50% relator’s fee.
Is a penalty ($11,000) per “claim” based on the number of requests per billing, or based on the number of bills submitted? The latter seems to be the definition of “claim”, and recent case law limits liability to one false claim per application, regardless of the number of accounts summarized on that page.
Health care cases have involved retaliation and wrongful discharge claims where managers have complained about violations which appear to violate the false claims act. It is not necessary for an employee to actually file or threaten to file a false claim case in order to have protection from wrongful termination. Using a combination of California state and federal laws, employmentattorneyca.com has found sufficient legal basis’ to sue on behalf of numerous California health care, financial, and aerospace workers.
FCA cases are complicated and require heavy strategizing before filing. Numerous issues such as “original source” must be discussed. We’re happy to discuss your case with you.
Call Stephen Danz & Associates today for a free consultation. 877 789-9707.