Monday 22 June 2015

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

By Freida Michael


Corruption and fraud is as old as the history of the world. There are always people that try to benefit unfairly or illegally when they see an opportunity to do so. Fraud against the government is especially rife but government officials are also prone to commit acts of fraud. Of course, money thus wasted or stolen has to be paid by somebody and that somebody is the tax payer. Fortunately, when appointing a whistleblower attorney Seattle residents can report such cases and see it prosecuted successfully.

The law that is used to fight against fraud and to take perpetrators to task is called the False Claims Act, or the Lincoln Act. President Lincoln promulgated this act as long ago as the civil war when contractors appointed to supply the army routinely submitted false or exaggerated claims. Apart for amendments in 1986 the act remains to most effective tool in combating fraud against the government.

An interesting an unusual part of this Act is that it allows for qui tam. This means that private citizens can also prosecute alleged fraudsters, abusers of authority and those suspected of illegal acts in a court of law. It is not only the Justice Department that is allowed to pursue these types of criminal cases. Any citizen with prove of fraudulent acts by an individual or organization can take the case to court.

The False Claims Act makes it worthwhile for ordinary citizens to formally lodge criminal cases against fraudsters. The Act makes provision for rewarding such a citizen with between 15 and 25 per cent of the money recovered from the case. This reward can be extremely large, since those found guilty are fined three times the amount involved in the case plus civil fines of up to 11 000 dollar. This reward can indeed serve as a powerful motivator.

Private citizens filing this type of case are called relators. If they wish to share in the amount recovered during the case, they have to pursue it with their own lawyers. Almost two thirds of moneys recovered in such cases are due to cases filed by private citizens. The rewards awarded these plaintiffs can be very substantial. Lawyers specializing in this field routinely accept 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.

Before approaching a lawyer, it is vital to gather as much information as possible. Documents, affidavits related to overheard conversations and details regarding the nature of the false claim should be gathered. The more information that can be presented the better. Lawyers that specialize in this type of case will not take on clients that only offer vague suspicions and hearsay evidence.

Tax payers have to foot the bill for fraudulent acts by unscrupulous people and organizations. The False Claims Act gives them the opportunity to do something about it and to get a reward to boot. Anyone that becomes aware of fraud, mismanagement or illegal acts should report the matter without delay.




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