Under the False Claims Act, which is one of the country’s most protective whistleblower laws, people can receive financial rewards for reporting specific types of fraud perpetuated against the federal government. The following types of fraud are covered under the act:
- Colluding to collect money from the federal government for fraudulent claims,
- Purposely failing to pay a monetary obligation to the federal government,
- Falsifying records to obtain money from the federal government, and
- Submitting fraudulent claims to the federal government.
When a False Claims Act whistleblower case is handled correctly, the government recovers funds, and the whistleblower receives a significant reward. Unfortunately, these types of cases often fail due to simple mistakes, most of which could have been avoided with the assistance of a False Claims Act attorney. Below are some common False Claims Act whistleblower mistakes.
Failing to Understand the False Claims Act
For a whistleblower to enjoy protection and receive a financial reward under the False Claims Act, it is imperative that he or she has a good understanding of the types of behaviors that are covered by the act. Examples of prohibited activities include kickbacks, upcoding, billing for services that were never rendered, and billing for unnecessary procedures.
Failing to Understand the Legal Process
False Claims Act whistleblower lawsuits are extremely complex, and there are several technical requirements with which whistleblowers must comply. The failure to comply with these requirements can stop a case before it even begins. In addition, the legal process itself is highly complicated and rife with pitfalls, making it a big mistake to file a False Claims Act whistleblower lawsuit without the assistance of a False Claims Act attorney.
Failing to Take Public Policy into Account
Whistleblower laws are intended to protect both the government and the public. When the government is defrauded, taxpayers are ultimately the ones who suffer the most. Therefore, whistleblowers must determine whether the wrongdoing they plan to report has harmed the general public. The analysis of this issue is often a good way of determining the strength of one’s case.
Not Hiring a False Claims Act Attorney
Attempting to file a complicated False Claims Act lawsuit alone is a big mistake. If your False Claims Act lawsuit is successful, you may be eligible for a large monetary award. However, if you make any mistakes along the way, you run the risk of receiving nothing. In other words, there is often far too much on the line in a False Claims Act case to take this risk, especially when you stand to earn up to 30% of the amount recovered by the government plus legal fees and case expenses. Therefore, if you have knowledge that a person or entity has committed fraud, please contact our False Claims Act attorney as soon as possible to give yourself the best chance of financial compensation.