False Claims Acts/WhistleBlower

March 28th, 2016


When unscrupulous businesses or individuals defraud the government, a False Claims Act can be filed. The False Claims Act allows individuals to file a lawsuit on behalf of the government in cases of suspected fraud and, if the government chooses to intervene, the individual is entitled to a share of the recovery. Cases may include:

  • Double billing
  • Billing for services not performed
  • Performing procedures or tests that are not warranted in an effort to increase reimbursement
  • Billing for more expensive services, tests, or procedures than were given
  • Ordering additional tests in absence of indications in order to increase reimbursement
  • Filing false claims
  • Any of a number of other fraudulent activities

If you suspect that an individual or a business has defrauded the government, it is critical to compile as much evidence as possible. An experienced False Claims Act attorney can help you determine what evidence may be necessary in your case. Recovery in these cases can be substantial, and the Alabama and Federal Whistleblower Statutes may protect you from retaliatory actions by your employer.

False Claims Acts are extremely sensitive in nature. They are, therefore, filed under seal in a U.S. District Court. This means that the public and even the defendant are not aware that a case has been filed. The government then has the opportunity to consider the evidence presented and determine whether or not they will intervene. If the government chooses to intervene, they then take over the lead in the case, however the whistleblower and their attorney are still involved. Should the government decline to intervene, the whistleblower can still choose to continue to move forward on behalf of the government.

Whistleblower cases can be extremely complex and may require extensive research and evidence collection. It is important to have an attorney on your side to help you file the necessary paperwork and assess the merits of your claim. In addition, your attorney can help you understand what constitutes solid evidence of fraud. This information will help you build a case that is more likely to be pursued by the government. If the defendant is found to have defrauded the government, they may have to pay three times the amount in damages as well as hefty fines for their actions. Whistleblowers typically are eligible to receive between 15 to 30 percent of this recovery. The percentage received is often based on the amount of help and evidence contributed by the whistleblower and his or her attorney. Again, having an attorney who is familiar with whistleblower cases may help you receive a greater reward.

The courts take whistleblower actions seriously and go to great lengths to protect individuals who take action on their behalf. If you have evidence to believe that an individual or company has defrauded the government, contact the Garmon Law Firm today online or by phone at 256-543-HURT for a free consultation.

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