December 19, 2018

Committing a Claim and Types of Cases it Can Fall Under

 

There are a few common theories of liability the law follows when it comes to committing a claim against the government.

  • False claims found when a government contractor:
    • [1] Presents a False Claim – knowingly presents or causes to be presented to the Government a fraudulent claim for payment or approval
    • [2] Uses a False Record – Knowingly makes, uses or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government
    • [3] Conspiracy – Conspires to defraud the Government by getting a false or fraudulent claim allowed or paid
    • [4] Reverse False Claims – Knowingly makes, uses, or causes to be made or uses, a false record or statement to conceal, avoid, or decreases an obligation to or transmit money or property to the Government

Types of Cases

  • Healthcare Fraud including: fraudulent billing, anti-kickback statute violations, “best price,” “off-label” marketing and defective medical devices.
  • Defense Fraud including: false product and mischarge.
  • Environmental Fraud where government contractor certifies compliance with EPA laws such as the Clean Water Act, the Clean Air Act, and the Resource Conservation Recovery Act.
  • Financial Services Industry where liability arises from the use of fraudulent statements in loan applications to federal agencies.
  • Oil and Gas: Defendant underpays royalty payments to the Government pursuant to an oil and gas lease.
  • Scientific Research: Involve the liability of hospitals and universities for providing false information to obtain federal funding for research.
    • If a hospital or university receives a grant from the Government to fund a research program, it could be liable under the FCA for failing to comply with conditions required to receive that grant.

Berg and Androphy law firm has worked with multiple clients to help them file cases against the government due to fraud. Fill out our question or confidential form and we will evaluate your case and get back to you as soon as possible.