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The employment, personal injury, wrongful death, and auto accident Law firm of Burkhalter, Rayson & Associates, P.C. located in Knoxville, Tennessee, concentrates on legal cases related to auto, motorcycle, and trucking accidents, employment wrongful discharge, Sexual Harassment, False claims act, Qui Tam or Whistleblower Cases and employment legal issues in Tennessee State and Federal courts.
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Tennessee False Claims Act Lawyers
False Claims Act Lawyers/Qui Tam Attorneys/Tax Fraud Attorneys
General information about The False Claims Act:
President Lincoln signed off on this law in 1863 in an attempt to combat the massive
fraud that was occurring during the Civil War where contractors were ripping off
the Government, for example, by selling defective ammunition for use by the soldiers.
The law was substantially strengthened in 1986, and in recent years, has resulted
in the U.S. Government recovering numerous multi-
The False Claims Act attorneys at Burkhalter, Rayson & Associates, P.C. can help evaluate whether you have a valid False Claims Act case. We only get paid if you receive a recovery. Potential areas of fraud include Medicare and TennCare fraud, fraud involving governmental contracts, fraud involving the sale of goods to the government and tax fraud.
A False Claims Act violation occurs whenever a person or entity deceives the Government
in order to improperly obtain money from the U.S. Government or in order to improperly
be relieved from paying money to the U.S. Government. Cheating the Government, unfortunately,
has been a long standing practice. As Benjamin Franklin (1706-
Using the False Claims Act, 31 U.S.C. § 3729, private citizens (called "Relators")
can help the Government fight fraud. The Act allows ordinary citizens who have knowledge
of fraudulent acts to bring suit on behalf of the Government against those who have
filed false claims with the Government. If money is recovered for the Government
in the action, then the person bringing the case is entitled to a percentage of the
amount recovered -
The definition of a false claim is extremely broad and it encompasses all different kinds of activity. The False Claims Act makes it illegal for a company to present a false claim for reimbursement to the United States where there is "deliberate ignorance" or "reckless disregard" of the claim’s falsity. The law prohibits "submitting or causing to submit" a false claim. It also prohibits conspiring with another to get a false claim paid. It has also been interpreted as covering claims submitted when there is a false certification of compliance with Federal and State laws and regulations when that is a condition of payment.
The law creates liability for separate $5,500 to 11,000 civil fines for each false claim and provides for treble damages. The amount of potential recovery for the Government is massive, and therefore, the potential rewards for whistleblowers can be huge, depending on the activity disclosed. For example, according to the U.S. Department of Justice, since 1986 the Federal Government has collected more than $6 billion dollars as a result of private whistleblower lawsuits brought under the False Claims Act.
What Kinds Of Cases Are Being Brought? Most cases brought under the False Claims Act involve the healthcare industry or the defense industry. The Government spends billions of dollars annually on military and healthcare related expenditures. The estimated amount of fraud is massive. For example, a U.S. Senate report estimates that there is $100 billion in fraud each year.
The law is harsh to companies that deceive the Government in order to improperly obtain money (or be relieved of paying money), and ignorance is no excuse. They can be held liable where false claims are being made with "deliberate ignorance ‘or’ reckless disregard". The type of activity covered by the Act is very broad. All forms of deceit against the Government to improperly obtain money (or to improperly be relieved from paying money) are open to False Claims Act (Qui Tam) cases. Contractors who cheat the Government beware!
What Is The Time Period To Bring A Claim? The statute of limitations for suits under the False Claims Act is the later of:
within six years from the date of the illegal conduct, or
within three years after the Government knows or should have known about the illegal conduct, but in no event later than ten years after the illegal activity.
How Does The Process Work And What Reward Is Available? A person who begins a False Claims Act (or Qui Tam) case is entitled to a proportional share of the funds that are recovered for the Government. The Qui Tam case is filed "under seal" and it is served on the Government. Once the suit is filed, the Government will decide if it will join in the case. If the Government joins the case, the individual who brings the claim is usually entitled to receive 15% to 25% of the recovered funds. If the Government decides not to join the case, the individual is entitled to 25% to 30% of the recovered funds.
People Who Bring False Claims Act/Qui Tam Cases Are Protected By Law: Citizens who bring suit against his or her employer under the False Claims Act are protected by law from retaliation. The protections are in effect even before a Qui Tam case is filed. The individual is protected against discharge, demotion, suspension, threats, harassment, and discrimination.
Confidentiality Is Essential. Do not discuss your potential case with anyone other than your attorney. The opportunity to bring a case and receive a reward could be lost if there is a public disclosure of the deceitful activity or if someone else files a False Claims suit before you do making similar allegations.
If you have knowledge of potentially false claims, let us evaluate the case. If we accept such a case, we only get paid if you obtain a recovery.
