The False Claims Act (31 USC 3729, et seq) is an important federal law that creates civil liability for those that defraud the government. A company or individual that submits a false claim for payment to the government can become subject to liability of up to three (3) times any actual damages. Civil penalties of several thousand dollars may also be assessed. Government contractors are the most common defendants in these actions, but employees of the government can also be sued. If suit has been brought against you or your business under the False Claims Act, you should immediately contact an experienced federal litigation attorney. To schedule a free consultation with the lawyers of Maginnis Law, call the firm at 919.526.0450 or 919.480.8526.
The specific provisions of the False Claims Act entitle the government to damages if a defendant:
(1) Knowingly presents a false or fraudulent claim for payment or approval;
(2) Knowingly makes or uses a false record or statement material to a false claim;
(3) Conspires to violate the False Claims Act;
(4) Delivers less than all of any money or property belonging to the government within his possession, custody, or control;
(5) Delivers or makes a document, with the intent to defraud the government, certifying receipt of property of the government without completely knowing the information is true;
(6) Buys property from a government agent who lawfully may not sell such property; or
(7) Makes or uses a false record to avoid or decrease an obligation to pay or transmit property to the government.
It is important to understand that not all False Claim Act cases are brought by the United States Government. Under the Act’s “qui tam” provision, a private citizen, also known as a “whistleblower,” can file an action on behalf of the government. He or she is entitled to share in a portion of any amounts recovered.
False Claims Act litigation often involves large sums of money and should usually be defended with the assistance of counsel. Maginnis Law has attorneys licensed in each federal district court of North Carolina. Our firm offers free consultations to all prospective clients, including businesses and individuals facing liability under the False Claims Act.
To speak with a licensed federal litigation attorney, contact Maginnis Law at 919.526.0450 or send a confidential email inquiry using our contact page. Our firm represents clients throughout North Carolina, including Raleigh, Durham, Fayetteville, Greensboro, Wilmington, Charlotte, and Winston-Salem.