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For A Free Case Evaluation, please call: 210-223-2685 Or send us an email with the form below.
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If you have uncovered a Fraud a reward is waiting for you!
Every year unethical business organizations defraud the federal
government out of billions of taxpayers' dollars. According to published
reports medical fraud alone has reached near $100 billion dollars.
Unscrupulous medical providers who submit false claims to Medicare and
Medicaid are only a part of the problem. Fraud is far reaching and
involves private contractors and private vendors who do work for or
supply products to various government agencies. Fraud has been uncovered
in many industries such as, defense, education, environment, health and
human services, and energy to name a few.
Yet with the help of people like you -- people who have uncovered fraud,
who have substantiating evidence, and who want to step forward and bring
these corrupt businesses to justice – lawsuits have been filed under the
False Claims Act and successfully won against these types of businesses,
resulting in recoveries for the government and tax payers, substantial
fines for the businesses, and large rewards for those who reported the
fraud.
A law entitled the False Claims Act (FCA), also known as the "
Lincoln law" the "Informers Act" or the "qui tam" statute, makes is
possible for Whistleblowers to receive a substantial monetary
reward up to 30% of the governments recovery, upon successful
prosecution of a claim. According to statistics released by the
Department of Justice the average Whistleblower’s award is $1
million dollars. Additionally, the False Claims Act affords job
protection to those who report the fraud.
You can make a difference. Don’t be afraid to report fraud! A successful
Qui Tam lawsuit not only stops the dishonest conduct, but also deters
similar conduct by others. Our lawyers represent Whistleblowers,
those who come forward to report the fraud. If you know of a person or
company defrauding the government and you have proof of the fraud
contact the law firm of Alvarado & Alvarado, P.L.L.C. right away at
(210) 223-2685.
What is the False Claims Act & Why is it Important?
The False Claims Act allows a person with knowledge of past or present
fraud on the federal government to bring a lawsuit on the government’s
behalf to recover compensatory damages, civil penalties (fines) and
triple damages. The False Claims Act is important because it is the
single most important tool the United States taxpayers have to recover
the billions of dollars stolen through fraud by United States government
contractors.
What Constitutes a Claim?
The qui tam statute defines a "claim" as any request or demand,
whether under contract or otherwise, for money or property which is made
to a contractor, grantee, or other recipient if any portion of it will
be provided or reimbursed by the United States. Thus a false claim will
be actionable under the False Claims Act if payment of the claim would
result in a loss to the United States.
Who Files a Claim?
The person bringing the lawsuit through his or her attorney is called
the "relator," commonly known as the Whistleblower. To bring the
lawsuit the relator must allege with specificity and clarity that the
defendant:
What types of Fraudulent Conduct does the False Claims Act Include?
The range of fraudulent activities that have been prosecuted under the
False Claims Act is expansive and includes, but is not limited to, the
following:
Contractor Fraud: Winning a contract through kickbacks or
bribes.
Defense Industry Fraud: Supplying guidance systems that do
not guide; supplying faulty weaponry, supplying faulty equipment
that does not operate in the field.
Environmental Fraud: Extracting resources, such as oil,
timber, and minerals from public lands without paying for that
right.
Grant Fraud: Misuse of grant funds and making false
statements in grant applications to obtain funding.
Mischarging: Billing for goods or services that were
never delivered or rendered. For example, charging employee
labor to a government contract even though the employee did not
work on the contract, or making claims to the government for
medical services that were not rendered.
False Negotiating & Defective Pricing: Involve submission of
false cost and pricing data to the government during the
negotiation of a contract in order to obtain an inflated
contract price.
Product and Service Substitution: Providing an inferior
product and then falsely certifying that the product met
specifications or that reliability testing was performed.
Healthcare, Medicare and Medicaid Fraud: Healthcare fraud
cases can involve various activities, such as: falsely certified
medical necessity determinations; physician identifier numbers
being misused to bill Medicare or Medicaid; mischarging Medicare
or Medicaid for the cost of experimental devices; mislabeling
unapproved medical devices in order to obtain Medicare or
Medicaid reimbursement; billing for tests not performed;
performance of inappropriate, unnecessary, and/or duplicative
procedures; billing for equipment or supplies never ordered;
billing for new or expensive equipment but providing the patient
used or inexpensive equipment; completion of a Certificate of
Medical Necessity by a drug or equipment supplier instead of the
physician; using false diagnosis codes to get Medicare or
Medicaid coverage; double billing which is charging more than
once or the same service; bundling which is billing more for a
panel of tests when a single test was asked for; unbundling
which is using multiple billing codes instead of one billing
code for a drug panel test in order to increase payment;
upcoding which is inflating bills by using diagnosis billing
codes that suggest a more expensive illness or treatment;
billing at doctor rates for work that was actually conducted by
a nurse or resident intern; prescribing a medicine or
recommending a type of treatment or diagnosis regimen in order
to win kickbacks from hospitals, labs or pharmaceutical
companies; Billing for unlicensed or unapproved drugs; and
Forging physician signatures when such signatures are required
for reimbursement from Medicare or Medicaid.
The False Claims Act does not include, tax fraud, trust fraud,
inheritance fraud, or estate fraud.
What is a Qui Tam Award?
If prosecution of the lawsuit is successful, the government may recover
its actual damages, which may be trebled (multiplied by three), plus
receive fines assessed for each false claim submitted. The relator, or
Whistleblower, may recover up to 30% of this total. According to
statistics released by the Department of Justice the average
Whistleblower’s award is $1 million dollars.
Alvarado & Alvarado P.L.L.C |
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