samedi 20 juin 2015

With Help From A Whistleblower Attorney Seattle Citizens Can Help Prevent Fraud

By Freida Michael


It is a sad fact that there always was always will be people that exploit their positions to steal from the government. Fraud is a widespread crime and it is not always easy to catch the perpetrators. Those guilty of defrauding the government salve their consciences by convincing themselves that it is not really wrong to take from the government. Upstanding citizens can, however, help fight this scourge. Being represented by a whistleblower attorney Seattle residents can bring this type of criminal to task.

The False Claims Act, or Lincoln Act as it is also known, was introduced by President Lincoln during the civil war. The purpose of the Act was to prevent fraudulent claims made upon the government by contractors that were appointed to supply the Union Army. This act remains in place to this day, although it was amended in 1986. It remains the most important weapon that tax payers have to recover billions falsely charged by contractors.

The False Claims Act allows for qui tam. This basically means he that brings a claim on behalf of the Lord king and himself. Any citizen can therefore bring to light information that he believes evidences to be a violation of any law or regulation that leads to losses to the tax payer. Gross waste of funds, mismanagement and abuse of authority can all be reported in terms of this act.

Citizens filing this type of case do not always do out out of patriotism or a strong sense of duty. They have an incentive to pursue these cases. If the case is prosecuted successfully, the defendant can be fined up to three times the amount involved in the case. In addition, civil penalties of up to eleven thousand dollars can be imposed. The citizen that filed the case will be awarded between 15 and 25 per cent of the amount thus recovered.

Citizens pursuing these cases in court are referred to as relators. They are not rewarded if they simply report the matter to the authorities. They have to approach a lawyer and file the case themselves. Cases like these are not uncommon. In fact, just about 60 per cent of moneys recovered by the Justice Department is achieved by means of qui tam cases. Lawyers often accept these cases on a contingency basis.

When a case in terms of the False Claims Act is filed, it is sealed for sixty days. This means that the defendant is not notified of the case in order to allow the authorities to conduct a thorough investigation. The Justice Department also needs time to make sure that the case was not filed frivolously or even out of spite.

When approaching a lawyer, it is vital to present as much evidence as is possible. It is no use pursuing a case on the basis of hearsay or suspicions. Because these cases are taken on a contingency basis, the lawyer will need to make certain that there is a reasonable chance of success in court.

Fraud and corruption is part of life and always has been. However, if would be perpetrators know that they will be punished very severely if caught, they may think twice. It is the duty and responsibility of every citizen to report such cases. The fact that they can be rewarded handsomely should act as a motivating factor.




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