Sample Complaint under False Claims Act
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FAQ
The FCA provides that any person who knowingly submits, or causes to submit, false claims to the government is liable for three times the government's damages plus a penalty that is linked to inflation .
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.
A person does not violate the False Claims Act by submitting a false claim to the government; to violate the FCA a person must have submitted, or caused the submission of, the false claim (or made a false statement or record) with knowledge of the falsity.
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.
A person does not violate the False Claims Act by submitting a false claim to the government; to violate the FCA a person must have submitted, or caused the submission of, the false claim (or made a false statement or record) with knowledge of the falsity.
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.
The elements of a violation under the first prong of the reverse?FCA provisions are that (1) a record or statement was false, (2) the defendant had knowledge of the falsity, (3) the defendant made or used (or caused to be made or used) the false record or statement, (4) the defendant's purpose was to conceal, avoid, or