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False Claims Act


Taxpayers Against Fraud, The False Claims Act Legal Center (TAF) is a nonprofit public interest organization dedicated to combating fraud against the Federal Government through the promotion and use of the federal False Claims Act and its qui tam provisions. Qui tam is a unique mechanism in the law that allows persons and entities with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the Government. The qui tam provisions include strong incentives both to report fraud against the Government and to participate in the resulting litigation.

Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit or cause the submission of false claims for payment of government funds are liable for three times the dollar amount that the Government is defrauded (i.e. treble damages) and civil penalties of $5,000 to $10,000 for each false claim. If the FCA suit is filed by a private party under the qui tam provisions, that party can receive between 15 and 30 percent of the total recovery. A qui tam suit initially remains under seal for at least 60 days during which the Department of Justice can investigate and decide whether to join in the action.

In general, the False Claims Act covers fraud involving any federally funded contract or program, with the exception of tax fraud. While many qui tam actions in the late 1980s and early 1990s involved Department of Defense contracts, in recent years most qui tam actions have been used to fight Medicare fraud and fraud against other federally funded health care programs. A broad array of scenarios can constitute FCA violations. Some examples include the following: a contractor falsifies test results or other information regarding the quality or cost of products it sells to the Government; a health care provider bills Medicare for services that were not performed or were unnecessary; or a grant recipient charges the Government for costs not related to the grant.

Overall, qui tam actions have returned over $3 billion to the Government over the past decade.

TAF's mission is both activist and educational. Established in 1986, TAF serves to:

(1) Inform and educate the general public, the legal community, government officials, the media, and other interested groups about the False Claims Act and its qui tam provisions;

(2) Contribute to understanding of the Act's nature, workings, and critical importance to the public interest;

(3) Vigorously defend against any attempts to repeal or weaken the Act;

(4) Facilitate meritorious qui tam suits;

(5) Advance public, legislative, and government support for qui tam;

(6) Document the public policy value and the intellectual and legal foundation of the Act in general and the qui tam provisions in particular.

TAF works directly with qui tam plaintiffs and their attorneys to develop and successfully litigate qui tam cases. When a prospective qui tam plaintiff brings information about fraud against the Government to TAF, the information is evaluated to determine whether it appears to support a meritorious FCA case. TAF treats all such contacts as confidential. In furtherance of its mission, TAF has served as a co-plaintiff in and supported numerous FCA cases throughout the country.

To further assist qui tam plaintiffs, TAF has established a Qui Tam Plaintiff Loan Program. Qualified applicants can receive low interest loans secured by the prospective recoveries in their qui tam cases.

As part of its public outreach, TAF promotes and disseminates information concerning the False Claims Act and qui tam. TAF publishes the False Claims Act and Qui Tam Quarterly Review which provides an overview of case decisions, settlements, and other developments under the Act. TAF maintains a comprehensive FCA library open to the public by appointment, and TAF has an educational presence on the Global Internet. In addition, TAF has established an information network to assist counsel in their efforts to provide effective representation to qui tam plaintiffs.

TAF also files amicus briefs on important legal and policy issues in FCA cases, writes articles about the Act and qui tam, and has provided testimony to Congress. On a regular basis, TAF responds to inquiries from journalists and government officials as well as the general public.

TAF is based in Washington, D.C., where a staff of attorneys and other professionals is available to assist anyone interested in the False Claims Act and qui tam. TAF's President and Chief Executive Officer, James Moorman, was formerly an attorney in the Washington, D.C. office of the New York-based firm Cadwalader, Wickersham & Taft, and served as chairman of the firm's Environmental Law Department. Mr. Moorman is a former Assistant Attorney General in charge of the U.S. Department of Justice's Land & Natural Resources Division and a former Executive Director of The Sierra Club Legal Defense Fund.

For more information about the False Claims Act or TAF, or if you are interested in pursuing a qui tam lawsuit, call TAF at 202-296-4826 or 1-800-US-FALSE (1-800-873-2573).

Note: TAF has extensive expertise in the False Claims Act and qui tam, but it is not a law firm and does not represent outside clients or provide legal advice.

Board of Directors
Peter Budetti, Chairman
Fred Anderson
Roger Gould
Leonard Jacoby
Gregory Lawler

Linda Sundro

Gregory Wetstone

Robert Wolfe

Professional Staff
James Moorman, President and CEO
Amy Wilken, Staff Attorney
Dylan Trache, Staff Attorney
Gene Hansen, Legal Resources Assistant
Terri Johnson, Office Administrator
Miranda Young, Administrative Assistant