South Carolina False, Fictitious or Fraudulent Claims are criminal acts which involve the making of false or deceitful statements or representations in an effort to obtain money or property from an entity or individual. These types of claims can include the filing of false insurance claims, fraudulent use of credit card accounts, the filing of false tax returns, and the submission of false documents to obtain benefits or services. These claims can also include the submission of false information on loan applications or other financial documents, the forging of documents, and identity theft. Types of South Carolina False, Fictitious or Fraudulent Claims include: • Insurance Fraud: Making false or exaggerated claims to an insurance company to receive payments that are not due. • Tax Fraud: Filing false tax returns with the intent to evade taxes. • Credit Card Fraud: Making unauthorized purchases with a stolen or counterfeit credit card. • Identity Theft: Stealing or using someone else’s personal information to obtain goods or services. • Bank Fraud: Making false or misleading statements to a bank in order to obtain money or credit. • Mortgage Fraud: Making false or misleading statements on a mortgage application. • Government Benefit Fraud: Making false or misleading statements to obtain government benefits.
South Carolina FALSE, FICTITIOUS OR FRAUDULENT CLAIMS
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FAQ
A false claim is simply a demand for money or property that is based on a material falsehood or a fraud.
Identifying a false claim is seldom straightforward, so a False Claims Act case filing may take a variety of forms. Generally, however, there are three main elements seen in every false claim case: 1). a claim made by an individual or 2) for government money or funds and 3) which is somehow fraudulent or false.
31 U.S.C. 3729(b). In sum, the False Claims Act imposes liability on any person who submits a claim to the federal government that he or she knows (or should know) is false. An example may be a physician who submits a bill to Medicare for medical services she knows she has not provided.
Common Examples of False Claims Billing for goods/services never delivered. Double billing for the same good/service. Failing to report government overpayments. Misrepresenting costs or records related to performance or quality. Billing for non-FDA approved drugs or devices. Performing unnecessary medical procedures.
The South Carolina State Criminal False Claims Statute allows a similar lawsuit in state court if a False Claim is filed with the state for payment, such as under Medicaid or Workers' Compensation.
Examples of practices that may violate the False Claims Act if done knowingly and intentionally, include the following: Billing for services not rendered. Knowingly submitting inaccurate claims for services. Taking or giving a kickback for a referral.
False Claims Act 31 U.S.C. It is illegal to submit claims for payment to Medicare or Medicaid that you know or should know are false or fraudulent. Filing false claims may result in fines of up to three times the programs' loss plus $11,000 per claim filed.
3729(b). In sum, the False Claims Act imposes liability on any person who submits a claim to the federal government that he or she knows (or should know) is false. An example may be a physician who submits a bill to Medicare for medical services she knows she has not provided.