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We use non-personal information to determine the total number of visitors to this web site and the number of visitors to individual pages within this site in order to make the site more useful. Only aggregate data are used or data where all personally identifiable information have been removed. We do not collect personally identifiable information such as your name, address, or e-mail address during visits to this site. However, our web service hosts may recognize your internet service provider and/or referrer's domain name, IP address and the identity of your internet browser. We do not install cookies on your computer. Back to Top No. This is one of the oldest federal laws on the books today. The Federal False Claims Act, also known as the "Lincoln Law," dates back to the Civil War. President Lincoln signed the False Claims Act into law in 1863 to deal with war profiteers who sold the Union Army shoddy supplies at inflated prices. Military contractors had Congress amend the Act in 1943 to weaken the statute and thereafter whistleblower litigation became virtually nonexistent. However, in 1986, as more and more defense fraud went unaddressed U.S. Senator Grassley (R., Iowa) and U.S. Representative Berman (D., California) joined forces to amend the law and strengthen the incentives for citizens to uncover and fight fraud. Back to Top The False Claims Act and whistleblower lawsuits are sometimes referred to by lawyers as a qui tam law. The term "qui tam" stands for a longer Latin phrase that is translated as "he who brings an action for the king as well as for himself." This means a lawsuit is initiated by a private person on behalf of the government (the "King") as well as for his own reward. There are a number of pronunciations of qui tam. If you find out the right pronunciation, let us know. Meanwhile, we say "whistleblower." Back to Top Some lawyers refer to the person who files a lawsuit (the plaintiff) under the False Claims Act a "Relator." So a relator is a whistleblower who files a case under a false claims act. This person is also referred to as a "qui tam plaintiff." Back to Top False Statements of Contract Compliance Violations of contract terms or of statutes and regulations that are often required by Government contracts and set forth in what might otherwise be termed "boilerplate" sections of contracts, may be sufficient to violate the False Claims Act. Knowing presentation of a claim for payment can be deemed equivalent to a false certification of compliance with such laws, rules, and regulations. If federal funding is conditioned on compliance with these contract provisions, such misconduct may result in a False Claims Act case. It should be remembered that claims may be false and the law violated, even though goods or services provided fulfill other contract specifications. False Statements of Contract Compliance may include one or more of the following: - Buy American Act.
- Trade Agreements Act.
- Anti-Kickback Act.
- Walsh-Healy and Service Contract Acts.
- Davis-Bacon Act (prevailing wage).
- Environmental protection laws.
- AA/EEO equal employment opportunity.
- Small business procurement requirements.
- Minimum wage and overtime law (FLSA).
- Competitive bidding laws (FAR).
- Truth In Negotiations Act (TINA) which requires certification of relevant cost information.
Procurement fraud may include one or more of the following: - Delivering goods of inferior quality or in violation of inspection, testing, or other technical requirements.
- Charging the Government higher labor rates than those agreed to in the contract.
- Misrepresenting indirect and overhead labor charges as direct labor.
- Collusive bidding schemes where bidders conspire to fix prices.
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The sponsors of this web site see their mission as reducing fraud against the government. While the primary tool for accomplishing this is by representing individuals against corporations, universities, cities, etc., they also accomplish this by representing employers who seek to reduce the risks of their employees defrauding the government. Most large organizations have express policies requiring scrupulous compliance with all laws and regulations. However, sometimes executives or middle managers violate such policies and cut corners. They may perceive a tacit approval of such tactics, especially concerning the violation of noncriminal rules and regulations that can yield them promotions or increased bonuses. The subordinates of such executives and middle managers typically have few incentives to come forward and much to lose by internally reporting noncriminal lucrative behavior. This is the default risk/reward matrix in most organizations. To restructure this default process, an employer can increase the incentives to come forward (a reward program) and decrease the risks (protection from retaliation). While this is simple in concept, the design, development and implementation of such a program must be carefully thought through. Mr. Kroner may* be available to work with your compliance and human resource professionals at any stage of this process. * Please keep in mind that Mr. Kroner turns down many clients for many reasons and that an unwillingness to even meet with your representatives does not necessarily indicate any sort of conflict with your organization. Back to Top What about Fraud against Miami-Dade County? The questions and answers on this site relate only to the federal and Florida laws and not to Miami-Dade County's false claims ordinance. Back to Top
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