Nevada FCA (pdf)False_Claims_files/NevadaFCA.pdfFalse_Claims_files/NevadaFCA_1.pdfshapeimage_1_link_0

In 1986, Congress passed legislation to strengthen a Civil War Era statute known as the False Claims Act (“FCA”).  In 1999, Nevada passed its own False Claims Act patterned primarily after the Federal FCA.  Today, over 20 states have also enacted their own state specific FCAs.

Implicit in the passage of these laws is the recognition that government, with its limited resources and funding, is outmatched in the fight against rampant fraud.  FCAs create a powerful and unique partnership between private individuals and government for uncovering fraud and recovering money for government treasuries.

Since 1986, federal and state governments have recovered billions of dollars from companies who defrauded government-funded programs.  The largest recoveries have resulted from the efforts of private persons who alerted the government to fraud by filing a whistleblower or “qui tam” lawsuit.

Typical FCA violations:

  1. Knowingly presenting (or causing to be presented) to the government a false claim for payment;

  2. knowingly using (or causing to be used) a false record or statement to get a claim paid by the government;

  3. conspiring with another to get a false claim paid by the government;

  4. knowingly using (or causing to be used) a false record or  statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the government.

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False Claims Acts

Typical provisions in FCAs:

  1. Successful whistleblowers entitled to a percentage (typically 15% - 30%) of the funds they help the government recover;

  2. successful whistleblowers entitled to have their  attorney’s fees and;

  3. reasonable costs paid by the defendant;

  4. protect whistleblowers from employer retaliation.

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