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Do you have knowledge of healthcare fraud, COVID-19 fraud or any other type of fraud being committed by an individual or company involving a government program? Do you have knowledge of corporate fraud involving a company subject to regulation by the Securities and Exchange Commission? How about tax fraud? If so, did you know you can be financially rewarded for blowing the whistle on fraud? If you’re looking for a whistleblower attorney, you’ve come to the right place.
At Paul Padda Law, we have significant experience representing whistleblowers. The laws in this area can be complex and, therefore, having an attorney that both understands the law and the process is very important. It’s also important to have an attorney that knows how to protect you from retaliation if you’re employed by a company that you’re blowing the whistle on.
Call us today at (702) 366-1888 or toll free at (800) 712-0000. We’ve represented whistleblowers in both Nevada and other parts of the country. Although based in Las Vegas, our firm is equipped to handle a whistleblower case anywhere in the United States.
PAUL PADDA LAW HANDLES A VARIETY OF FEDERAL LITIGATION
What is a qui tam action?
“Qui Tam” is short for the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur.” In plain English, this translates to “he who brings an action for the king as well as for himself.” The concept originated in the Middle Ages in England when the king did not have enough resources to enforce the laws. Instead, he relied on average citizens to act as private prosecutors to bring “qui tam” actions and would pay them a bounty if they won.
The qui tam concept carried over to the United States when the First Continental Congress passed several laws with qui tam provisions. However, it was not until the passage of the False Claims Act in 1863 that qui tam provisions became a robust part of the American legal landscape. Passed during the American Civil War, the law also came to be informally referred to as “Lincoln’s Law” after President Abraham Lincoln. At the time, the False Claims Act was signed into law by President Lincoln in order to combat fraud by war profiteers who were seeking to enrich themselves by selling defective supplies to the Union Army.
In the 1980s, the United States Congress revised the False Claims Act in the face of widespread reports of fraud being perpetrated by military defense contractors. You may recall hearing news accounts involving the $500 hammers being sold to the Navy? Well, because of this and outrageous price gouging, the Congress further strengthened the False Claims Act to combat fraud.
Later, in 2010, amendments were made to the False Claims Act to address healthcare and corporate fraud through provisions of the Patient Protection and Affordable Care Act (often referred to as “Obamacare”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act. These provisions added much more robust incentives for blowing the whistle on government and corporate related fraud.
Today, the False Claims Act is the government’s most powerful tool for fighting fraud. There are not enough federal prosecutors and investigators for the government to ferret out every fraud being committed in the United States. Accordingly, the False Claims Act serves as a powerful weapon to incentivize individuals to come forward and report fraud and receive a financial reward in exchange for information leading to a recovery by the government.
Government Program Fraud
Healthcare fraud is among the most common types of government program fraud. For instance, physicians or hospitals overbilling Medicare and Medicaid (both of which are forms of government health insurance) for services or billing for services never rendered are among the most basic types of fraud intended to be combatted by the False Claims Act. Another more recent type of fraud is receipt of government money during COVID-19 by individuals and corporations who in turn misuse the money or make false representations in order to receive the funds in the first place.
In order to successfully bring a False Claims Act claim, a person must allege and be able to show the following: (1) a false statement or fraudulent course of conduct, (2) made or carried out with knowledge of the falsity, (3) that was material and (4) that involves a claim, request, or demand for money/property from the United States.
Among the most common types of fraud under the False Claims Act are the following:
- False claims for payment under Medicare or Medicaid by physicians or healthcare providers
- False claims under the Paycheck Protection Act (“PPP”)
- False claims by military defense contractors
- False claims by private contractors being reimbursed for environmental cleanup
- False claims in connection with any other government program
Having an attorney that understands the False Claims Act is important. At Paul Padda Law, our legal team has the experience to present powerful qui tam actions to the United States. Call us today and let us help you blow the whistle on fraud.
There are several other avenues for blowing the whistle on fraud apart from government program fraud. Whistleblowers (referred to as “relators” in qui tam lawsuits because they are relating fraud to the government) are awarded a financial reward based on a percentage of the money recovered by the government when those recoveries are due to a qui tam lawsuit or claim made under the whistleblower provisions of federal laws governing the Securities and Exchange Commission (SEC), the Internal Revenue Service (IRS) or the Commodities Futures Trading Commission (CFTC). Each of these agencies are governed by federal laws that have their own qui tam provisions separate and apart from the stand-alone False Claims Act.
Blowing the whistle on fraud can be financially lucrative if the government is able to obtain a recovery. Here are the potential rewards a whistleblower can obtain:
- FCA – Under the False Claims Act a whistleblower can get 15-25% of any recovery for blowing the whistle on government program fraud if the government intervenes in the case and obtains a recovery.
- SEC – A whistleblower reporting fraud to the SEC can get between 10-30% of any recovery by the SEC that exceeds $1 million.
- CFTC – A whistleblower reporting fraud to the CFTC can get between 10-30% of any recovery by the SEC that exceeds $1 million.
- IRS – A whistleblower reporting fraud to the IRS can get 15-30% of the money recovered by the IRS but the collection must exceed $2 million. Where the tax fraud involves an individual, that person must have an income exceeding $200,000 per year.
The government is interested in fraud of a substantial and significant nature. Thus, not every fraud reported will interest the government. Accordingly, it’s important to work with a whistleblower that understands the law, the procedures and how to present a case that will interest the federal authorities.
Contact A Federal whistleblower Attorney Today
If you know of fraud in the medical field, fraud by a government contractor or someone getting lots of PPP money that’s gaming the system, contact Paul Padda Law today. Our Las Vegas based lawyers understand what it takes to present a successful whistleblower case to the federal government and can help you get the recovery you deserve for doing the right thing.
To learn more, contact Paul Padda Law at (702) 366-1888 or use our online form to request a free and confidential consultation.