False Claims Act

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    The False Claims Act (FCA)

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    The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of the recovery against the fraudulent person or business. This is supported by the reading, “The federal government’s main weapon in the so-called war on fraud and abuse is the False Claims Act (FCA)” (Showalter, 2017, pg.553). The…

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    Civil False Claims Act

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    In 1863 the federal government enacted the Civil False Claims Act, which also came to be known as the whistle-blower statute. Despite being given a derogatory colloquial name; the statute serves an essential purpose for dependency in government contracting. The law was strengthened in 1986 to provide a penalty of tremble damages in addition to 10,000 dollars per false claim against the defendant. The “whistle-blower,” now given the more pleasant term of “relator” may now collect between 15 and…

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    False Claims Act Case Study

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    The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of…

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    Whistle Plowing Examples

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    employers who are conduciting unethical practices and that they should protect not only the source of income but also the image the company has. In many industries whistle blowing can be benefical to society it cause severe problems especially to the industry which it occurs. When the claims are true the issues can be solved however when dealing with false claims and law suits can cost a company millions of dollars and sometimes it may have been spent unnecessarily. By the time the company…

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    to sell off assets well below the market value. She also discovered that their goal was to write off debts as they also manipulated the bank’s financial data to grant the incoming chief executive officer amounts running into millions of dollars, and this contravenes ethical code of conduct in the banking industry. As a whistleblower, Rego rescued the banks and its stakeholders from calamitous outcomes that might have befallen them. The rewards system is a great approach in disclosing secrets…

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    government can use statistical sampling in assessing fines under the federal anti-fraud statutes. Last year, Agape Senior Housing agreed to settle a whistleblowers’ fraud claims under the False Claims Act by paying $2.5 million. But the government, which had declined to intervene in the case, rejected the settlement. The Department of Justice claimed that, based on a statistical sample of the allegedly fraudulent claims, the case was worth at least $25 million. Agape appealed, and now the case…

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    The company uses logos by giving a numerical value on how many lawsuits have been filed against seed infringement violators. In the article Monsanto states that various cases are settled before moving onto a trial, however when forced they have only filed 144 lawsuits since 1997 which averages about 11 per year in the past 13 years. This shows the reader that although Monsanto will go the extent of filing lawsuits against farmers who break the contract, the consumers are given the opportunity to…

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    Editing information, another aspect of totalitarianism, is terrifyingly prevalent in the 2016 election. Donald Trump, the forty-fifth President of the United States, has had one of the most controversial campaigns in history. Many question how he moved from a life of hosting TV shows to the White House so easily. The answer is simple: his use of falsehoods to psychologically manipulate the public. Trump’s presidency has been full of lies. Whether you are a supporter or not, it is clear that he…

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    Plaintiff Case Study

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    Defendant further contends that the statements made to their insurance adjusters were prepared solely to accompany the complaint in the suit against the Plaintiff. In Green v Baca, 226 F.R.D. 624 (C.D. Cal 2005), the Defendant filed a motion in limine to preclude the testimony of a third party to the Defendant, who was the custodian of records and Special Counsel hired to investigate the Defendant’s department. The Court held that the Defendant’s blanket claim that the applicability of the work…

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    the very act of interrogation itself represents the basics of those two elements. Trickery or deceit must not be of such a nature as to “shock the conscience” or the court or community, nor can it be one that is apt to induce a false confession. The interrogation of juvenile suspects is usually spelled out by the individual states. In the State of Rhode Island juveniles accused of committing a crime should not be questioned regarding accused offenses until the juvenile’s parent, guardian,…

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