As far back as during the civil war President Lincoln enacted the False Claims Act. This was done due to the inordinate numbers of false claims lodged by suppliers that were hired to supply the Union Army. This act is still valid, but it has been amended in 1986 to include new categories of fraud and corruption. It remains the most effective tool for citizens to combat theft from the government.
The False Claims Act allows for qui tam. This basically means he that brings a claim on behalf of the Lord king and himself. Any citizen can therefore bring to light information that he believes evidences to be a violation of any law or regulation that leads to losses to the tax payer. Gross waste of funds, mismanagement and abuse of authority can all be reported in terms of this act.
The False Claims Act makes it worthwhile for ordinary citizens to formally lodge criminal cases against fraudsters. The Act makes provision for rewarding such a citizen with between 15 and 25 per cent of the money recovered from the case. This reward can be extremely large, since those found guilty are fined three times the amount involved in the case plus civil fines of up to 11 000 dollar. This reward can indeed serve as a powerful motivator.
Whistleblowers, referred to as relators in these cases, need to appoint their own lawyers if they wish to share in the recovery made by the government. At present, almost 60 per cent of recoveries made by the government came about due to relators reporting and pursuing cases. Fortunately, most lawyers that take on such cases will act on a contingency basis.
When first filed, qui tam cases are held in camera. This means that the defendant is not notified of the matter. This is done to allow the Justice Department to investigate the validity of the case and to gather evidence against the defendant. It is also necessary to ensure that the plaintiff did not file the case with sinister motives.
Before lodging a claim it is necessary to gather as much evidence as possible. This must be done in a legal manner, however. Documents that were stolen from an employer, for example, may not be permitted in court. The attorneys will need details regarding dates, people involved, amounts and methods used to make false claims.
Fraud, in any form, is reprehensible. Anyone that learns about such actions should report it. The fact that those that do report such cases and that pursue them in court are rewarded should act as a powerful incentive. It is important, however, to use a lawyer that is experienced in this legal field.
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