Government fraud happens when an individual, company, or organization knowingly submits a fraudulent or false claim for compensation to the United States government intending to receive money illegally. Common examples of government fraud are healthcare fraud, Medicare and Medicaid fraud, and military contractor fraud. These criminal acts are often committed as part of a wider conspiracy. Many people fall victim to these types of acts due to their lack of knowledge and understanding of U.S. law.
False Claims
False claims act liability is a serious issue that can arise in any government contract and agreement. False claims require significant resources from contractors and companies. If a contractor submits false claims for payment, he/she could be held responsible for civil and criminal litigation. If a contractor does not submit correct claim forms or does not obtain proper documentation to support his/her claims, he/she may be held liable for false claims.
Contractors who do not submit proper documentation will be required to pay higher than normal costs and will also be prohibited from obtaining future government contracts. Contractors who commit fraud are subject to civil and criminal penalties. An experienced Government fraud attorney should be involved in all phases of the investigation, including interviewing witnesses, collecting documents, analyzing evidence, and preparing all necessary exhibits. Government fraud attorneys will be assigned to each case based on the severity of the case and will aggressively pursue the suspect. If it appears probable that the contractor intentionally tried to fraudulently receive payments, then the case will probably be brought against the contractor in federal court.
The Inability To Pay A Debt
False claims may result from many reasons such as the inability to pay a debt, a false promise to perform, or intentional misconduct. False claims may also result from a situation where there are serious financial problems at hand such as bankruptcy. Under the False Claims Act, contractors and employees who knowingly file false claims against the United States or its agencies, are guilty of fraud. False claims may result from any act or practice related to any program under the U.S. Department of Defense. Other government programs under the U.S. Department of Education include the Direct Loan Consolidation Loan Program, the Federal Family Education Loan Program (FFELP), and the Direct Plan Plus.
Lawsuit Process
The U.S. Department of Education, through its Office of Civil Rights, is responsible for the enforcement of false claims acts. This is why the whistleblower lawsuit concept came about. Through this lawsuit process, whistleblowers are protected from retribution from the contractor or their agency. It has been implemented as part of the Whistleblower Protection Act, along with other recently passed federal laws. Several federal agencies have undertaken private lawsuits against individuals for false claims, with varying results.
False claims are a serious matter, but sometimes very complex and lengthy. False claims can be brought by any person who believes that they have been or are being injured through government programs. There are many reasons that people bring these government programs to court. But the most common reason is to hold negligent parties or businesses accountable for fraudulent activities that hurt the public. With that in mind, hiring a government fraud attorney makes a lot of sense.
Provide Incentives
Some states even provide incentives for their citizens to bring charges against their healthcare providers when the services are found to be negligent. In addition to the monetary incentive for a whistleblower case, there is also the satisfaction of having your healthcare provider forced to pay damages for your injuries. But some state governments offer even greater incentives. For example, some states award additional damages if the whistleblower can force the closing or sale of a facility or agency.
In addition to monetary compensation, there may also be an inspection certificate carried out. While this inspection cannot find actual evidence of wrongdoing on the part of the federal contractor, it will determine whether or not the safety plan complied with the applicable laws. If it shows that a company has engaged in bad behavior, then it may result in the cancellation or termination of that company’s contract. This can mean huge financial losses to a company, so it’s always good to be vigilant. The best way to ensure that the government fraud lawyer you hire is successful in your lawsuit is to be as specific as possible in your complaint.
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