Monday, May 9, 2016

Types of False Claims One Can Make and How Lawyers Help

TheFalse Claims Act
,also known as Lincoln Law, holds person or companies liable to irregularities or frauds against the government. Under this law, private citizens can file a lawsuit against individuals and businesses on the behalf of the federal government.

The law came into existence during the Civil War. Now days, under this law, whistleblower lawsuits are filed and whistleblowers, if allegations is proved true, can receive compensation.
The most common types of False Claims that one can make are: 
  • False Certification Claims
These claims occur when a person or entity knowingly submits forged and fraudulent claim to get payment from the government. Under this claim, the most common example is of a doctor where he or she submits an inflated bill or fake bill to the government for services provided under Medicare.
  • Mischarge and Overcharge Claims
These claims occur when a person or entity knowingly submits forged and fraudulent claim to get payment from the government. Under this claim, the most common example is of a doctor where he or she submits aninflated bill or fake bill to the government for services provided under Medicare.
  • Conspiracy Claims
It occurs when individual or companies work in tandem to violate the False Claims Act. The conspiracy claim usually occurs when a general contractor knows that subcontractors, it has employed, are violating terms set under federal contract. In such cases, both types of contractors are liable for conspiracy.
  • Reverse False Claims
In such claims, individuals or businesses knowingly conceals or withhold information from the government about the overpayment it had been receiving. A typical reverse false claim involve a hospital that has been obtaining Medicare payments, which sometimes can result into overpayment, and to avoid refund to the government, it presents a forged cost report.

The role of lawyers

The False Claims Act has many complex rules, which are incomprehensible to untrained minds. It is necessary that you hire a false claims act attorney before filing a complaint.

Moreover, a disclosure statement is required to be submitted to the Justice Department, confidentially. An improperly drafted disclosure statement can lead to dismissal of the complaint.