False Claims Against the Government

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US-JURY-11THCIR-O11-2-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

False Claims Against the Government are false statements or fraudulent activities that are made to the federal government in order to receive a benefit or payment. These false claims can be made in many ways, such as submitting false documents or records, making false statements on tax returns, making false statements to obtain government contracts, or submitting false bills for payment. False Claims Against the Government are commonly referred to as quitui tam” lawsuits. These types of lawsuits are brought by citizens who are aware of false claims and who are eligible to receive a portion of the recovered funds. There are three main types of False Claims Against the Government: Medicaid and Medicare Fraud, Procurement Fraud, and Tax Fraud. Medicaid and Medicare Fraud involves submitting false claims or records to obtain payment from Medicaid or Medicare programs. Procurement Fraud involves submitting false claims or records to obtain a government contract or other benefit. Tax Fraud involves submitting false statements or documents to gain an improper tax refund or deduction. False Claims Against the Government are serious offenses and can lead to criminal charges, fines, and other penalties.

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FAQ

The False Claims Act allows the government to sue if it has information on its own that makes sense for the government to pursue a case against a defendant of false claims presented to the government or fraud committed against the government.

Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties. The United States is liable to the same extent an individual would be in like circumstances.

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.

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.

What is the False Claims Act? The False Claims Act, also known as the ?Lincoln Law,? is a whistleblower law that allows private citizens to sue any individuals, companies or other entities that are defrauding the government and recover damages and penalties on the government's behalf.

The Federal False Claims Act is the U.S. Government's primary weapon for combatting fraud. It allows whistleblowers to sue persons or entities that are defrauding the government and recover damages and penalties on the government's behalf.

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.

Fraud against the government, like any fraud, is just theft by another name. The ultimate victim is not the government: it is the hardworking taxpayer. Government funds come from taxpayers, and so theft from the government is theft from taxpayers.

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False Claims Against the Government