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We are attorneys that investigate False Claims Act cases nationwide, including in the states of Tennessee, Arkansas, Mississippi, Kentucky and elsewhere for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.
False Claims Act Lawyer Discusses Construction Settlement
As attorneys representing individuals who want to blow the whistle against fraud against the United States Government and various state governments, I wanted to provide to you information about a construction company that has agreed to pay $1,150,000.00 to resolve allegations that it violated the False Claims Act.
Caddell Construction has agreed to pay more than One Million Dollars to settle allegations that it violated the False Claims Act by falsely reporting to the Army Corps of Engineers that it hired and mentored a Native American owned company to work on construction projects in both North Carolina and Kentucky. The Army Corps contracted with Caddell between 2003 and 2005 to build barracks at two bases. As part of the contract, Caddell represented that it would hire and mentor Mountain Chief Management Services, a Native-American owned company, under the Department of Defenses Mentor-Protégé and Indian Incentive Programs. This program reimburses companies for the time and cost of mentoring small disadvantaged businesses while the Indian incentive program provides a rebate to contractors for subcontracting with Native-American owned businesses.
The United States allege that from April 2003 to March 2005, Caddell falsely represented in its invoices and supporting documents that it was mentoring Mountain Chief and Mountain Chief was performing work on the construction projects. Instead, Mountain Chief was allegedly nothing more than a pass through entity used by Caddell to claim payments under the two programs. Mountain Chief did not perform any work or receive the mentoring services for which Caddell received payment. In other news, Caddell’s former director of business development, Mark Hill, and Mountain Chief’s former president, Daniel Chap, were indicted on related charges in the Federal District Court for the Middle District of Alabama in January 2012. Both are currently awaiting trial.
If you have any information as to a company that is committing contracting fraud against the United States Government, we welcome the opportunity to discuss that with you.
If you have evidence to support claims of fraud against a business or entity, please contact us as soon as possible.
THE SCOPE OF FRAUD
Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.
The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.
HELPING THE PUBLIC.
As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.
Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.
Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”
These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.
TYPES OF CASES
The most common situations that could form the basis of a Qui Tam action include:
- Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
- Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
- Withholding property of the government with the intent to defraud or conceal the property from the government;
- Fraudulently buying property of the government from someone not authorized to sell that property; and
- Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.
We will meet with you and thoroughly investigate your case. As we mentioned, we will travel to see you, as we want to meet with you in person and review all documents you may have to support your case. We will then investigate on our own and prepare a complaint for filing in federal court. The case will be filed under seal, and served on the U.S. Attorney’s Office along with a Declaration of Evidence that is not filed but also served on the Government.
Once the case is filed, a United States Attorney investigates the lawsuit and underlying allegations of fraud for an initial period of 60 days. If after investigating the claim the U.S. Attorney believes the allegations of fraud are meritorious, the United States Government takes over the case and either enters into a settlement or continues the lawsuit against the wrongdoer. The Relator would then be entitled to a portion of the recovery despite the fact that the government has taken over the case.
The amount that the Relator would be entitled to receive would be approximately 15 percent to 25 percent of the decision. It is estimated that the government intervenes and takes over a case approximately 30 percent of the time.
FOR HELP, PLEASE CONTACT US.
We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.
Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.
For more information, please contact our team of whitsleblower and qui tam attorneys today.
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