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What Is the Federal False Claims Act?
The federal False Claims Act (FCA) is one of the federal government’s strongest tools to fight fraud. A whistleblower whose claim leads to recovery by the government will receive a reward of 15% to 30% of the proceeds collected. Since the False Claims Act allows the government to collect triple damages and penalties, whistleblower rewards can be substantial. It’s critical to note that the False Claims Act applies to conduct outside the U.S. as long as there’s federal spending. The Act also allows anyone to come forward as a whistleblower, including non-U.S. citizens and foreign residents.
What are the elements of a Federal FCA claim?
An FCA whistleblower must allege that false or fraudulent claims were knowingly submitted to a federal program, and that those claims caused the federal government to suffer a significant loss by paying out money that it shouldn’t have paid. Such false claims can take several forms:
- • Overcharging the government for services or products
- •Providing substandard services or products
- • Avoiding an obligation to pay the government or underpaying the government
- • Refusing to return an overpayment from the government
What are the key features of the Federal False Claims Act?
A whistleblower (or “qui tam”) complaint must rely on non-public information, or on public information of which the whistleblower is the original source.
The first person who blows the whistle about a particular fraud is usually the only one whose case will be allowed to proceed, so it’s important to act early.
A whistleblower case must be filed no more than six years after the false claims were submitted, or no more than three years after the government was first informed.
Tax-fraud claims cannot be brought under the federal False Claims Act. However, the IRS whistleblower program might be available to a whistleblower with knowledge of federal tax fraud.
Even a whistleblower who participated in the fraud can still file a case under the federal False Claims Act, so long as they weren’t criminally convicted for the misconduct (note, however, that high-level involvement in the fraud usually results in a lower reward – or perhaps no reward at all).
The False Claims Act forbids retaliation against whistleblowers, providing double damages and other remedies to those who are fired or suffer other retaliation for blowing the whistle.
State and Local False Claims Acts
Many states and a few localities have their own False Claims Acts, allowing whistleblowers with valuable information that a state or local government has been defrauded to bring a qui tam lawsuit under those laws. Most of these acts have been modeled after the federal FCA, with similar elements and structures.
While certain state FCAs cover only Medicaid fraud, others broadly sweep in all sorts of fraud on state and local governments. Numerous successful lawsuits have been brought under state and local FCAs against large-scale telecommunication firms, financial firms, construction companies, charter schools, pharma companies, and others.
The states and localities listed below have False Claims Acts with qui tam provisions. Note that Arkansas and Missouri’s FCAs don’t have qui tam provision, but provide for rewards to tipsters in certain circumstances, and Alaska’s Medicaid Fraud Prevention Act has no qui tam provision or tipster rewards.
The following are general descriptions of the state laws. The descriptions were correct when written and posted but may be out of date when you read them. You may not rely on any information on this page and should consult with whistleblower attorneys before making any decisions about what you read online. The whistleblower law firm of Brown, LLC offers free, confidential consultations to whistleblowers under the False Claims Act and other laws used to report fraud by calling (877) 561-0000.
The Alaska Medical Assistance False Claim and Reporting Act authorizes lawsuits only by the state’s attorney general and makes no provision for awards to tipsters.
The False Claims Acts of Arkansas and Missouri apply just to fraud upon the Medicaid programs of those states. These laws don’t include qui tam provisions – that is, they don’t authorize private individuals to bring suit. However, tipsters can receive up to 10% of any sums the government recovers.
The California False Claims Act broadly covers fraud upon the state or any political subdivision. Claims for tax fraud and fraud upon the state’s employees’ compensation fund are excluded. The Act has a six-year statute of limitations, which may be extended in certain cases.
A successful whistleblower can receive between 15% and 33% of the recovered proceeds in cases where the state intervenes, and between 25% and 50% if the state declines to intervene. The law protects those who suffer employment retaliation for blowing the whistle.
California also allows whistleblowers to file qui tam actions for fraud upon private insurers, not just Medicare or Medicaid, under the California Insurance Fraud Prevention Act. Harm to the government need not be shown. A successful whistleblower can receive between 30% and 40% of all subsequent recoveries in cases where the state Department of Insurance intervenes, and between 40% and 50% if the Department declines to intervene. Even in a case where the whistleblower relies primarily on public information, he can still receive an award of up to 10% of the recovery.
A case under the California IFPA must be filed no more than three years after the discovery of the facts underlying the action. The IFPA also protects those who suffer employment retaliation for blowing the whistle.
The Colorado Medicaid False Claims Act permits qui tam lawsuits only for fraud upon the Colorado Medicaid program. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law protects those who suffer employment retaliation for blowing the whistle.
Connecticut permits qui tam lawsuits only for fraud upon the Connecticut Medicaid program. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law protects those who suffer employment retaliation for blowing the whistle.
The Delaware False Claims and Reporting Act broadly covers fraud upon the state or any political subdivision. Claims for tax fraud are excluded. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law protects those who suffer employment retaliation for blowing the whistle.
The District of Columbia FCA broadly covers fraud upon the district government. The DC FCA also allows qui tam suits to blow the whistle on tax fraud, where the fraudster’s income exceeds $1 million, and the tax owed exceeds $350,000. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law protects those who suffer employment retaliation for blowing the whistle.
The Florida FCA broadly covers fraud upon the state or any political subdivision. Claims for tax fraud are excluded. A complaint must generally be filed within six years of the date on which the violation occurred (extended to within ten years in certain circumstances).
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law protects those who suffer employment retaliation for blowing the whistle.
The Taxpayer Protection False Claims Act broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The state also has a separate Medicaid False Claims Act. Both laws have ten-year statutes of limitation.
Under both laws, a successful whistleblower can receive between 15% and 33% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The laws also protect those who suffer employment retaliation for blowing the whistle.
The Guam False Claims and Whistleblower Act broadly covers fraud on Guamanian government programs. The Act also rewards whistleblowers who report tax fraud. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the government intervenes, and between 25% and 30% if the state declines to intervene. A tax-fraud whistleblower can receive 15% to 30% of recuperated funds where the Director of Revenue and Taxation intervenes, and not less than 30% if the department declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Hawaii has two False Claims Acts, one that covers claims to the state and another that covers claims to the counties. Both acts have qui tam provisions. The laws have general application, covering many types of fraud, not just Medicaid fraud. Both laws have ten-year statutes of limitation.
Under both laws, a successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the government intervenes, and between 25% and 30% if the state declines to intervene. The laws also protect those who suffer employment retaliation for blowing the whistle.
Illinois has an FCA that broadly covers fraud upon the state or any political subdivision. The Act also rewards whistleblowers who report tax fraud. The law has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Illinois law allows whistleblowers to file qui tam actions for fraud upon private insurers, not just Medicare or Medicaid, under the Illinois Insurance Claims Fraud Prevention Act. Harm to the government need not be shown. A successful whistleblower can receive at least 30% of subsequent recoveries in cases where the state Department of Insurance intervenes, and at least 40% if the Department declines to intervene.
A case under the Illinois ICFPA must be filed no more than three years after the discovery of the facts underlying the action. The IFPA also protects those who suffer employment retaliation for blowing the whistle.
City of Chicago
In addition to these state laws, the City of Chicago has its own False Claims Act, under which whistleblowers can sue on behalf of the City of Chicago if they have information related to fraud, waste, or abuse upon the local government. A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the city intervenes, and between 25% and 30% if the city declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Illinois has an FCA that broadly covers fraud upon the state or any political subdivision. The Act also rewards whistleblowers who report tax fraud. The law has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Illinois law allows whistleblowers to file qui tam actions for fraud upon private insurers, not just Medicare or Medicaid, under the Illinois Insurance Claims Fraud Prevention Act. Harm to the government need not be shown. A successful whistleblower can receive at least 30% of subsequent recoveries in cases where the state Department of Insurance intervenes, and at least 40% if the Department declines to intervene.
A case under the Illinois ICFPA must be filed no more than three years after the discovery of the facts underlying the action. The IFPA also protects those who suffer employment retaliation for blowing the whistle
Iowa has an FCA that broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Louisiana Medical Assistance Programs Integrity Law applies just to false claims submitted to the state’s Medicaid program. The law has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 35% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Maryland has an FCA that broadly covers fraud upon the state or any political subdivision (excluding tax fraud), and a separate Medicaid False Claims Act. Both laws have ten-year statutes of limitation.
Under both laws, a successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes; however, if the state declines to intervene the lawsuit will be dismissed (that is, a whistleblower is not allowed to proceed on her own). The laws also protect those who suffer employment retaliation for blowing the whistle.
Massachusetts has an FCA that broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The law has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Michigan Medicaid False Claims Act applies just to false claims submitted to the state’s Medicaid program. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Minnesota FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene (and if the state does not initially intervene, but subsequently joins the case midstream, the award will range between 15% and 30% if the case is successful). The law also protects those who suffer employment retaliation for blowing the whistle.
The Montana FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Nevada FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The New Hampshire FCA applies just to false claims submitted to the state’s Medicaid program. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The New Jersey FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
New Mexico has an FCA that broadly covers fraud upon the state or any political subdivision (excluding tax fraud), and a separate Medicaid False Claims Act. Both laws have four-year statutes of limitation.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The laws also protect those who suffer employment retaliation for blowing the whistle.
The New York FCA broadly covers fraud upon the state or any political subdivision. The NY FCA also allows qui tam suits to blow the whistle on tax fraud, where the fraudster’s income exceeds $1 million, and the tax owed exceeds $350,000. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The laws also protect those who suffer employment retaliation for blowing the whistle
New York City
New York City has its own False Claims Act, which allows qui tam lawsuits by whistleblowers who are aware of fraudulent claims submitted to the city. The Act is limited to claims with a cumulative value of at least $25,000 and excludes tax-fraud claims. The Act has a six-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the city intervenes, and between 25% and 30% if the city declines to intervene. The laws also protect those who suffer employment retaliation for blowing the whistle.
The North Carolina FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Oklahoma FCA applies just to false claims submitted to the state’s Medicaid program. The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Puerto Rico FCA broadly covers fraud upon the Commonwealth government or any political subdivision (excluding tax fraud). The Act has a six-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Rhode Island FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Tennessee has an FCA that broadly covers fraud upon the state or any political subdivision (excluding tax fraud), and a separate Medicaid False Claims Act. Both laws have ten-year statutes of limitation.
Under the Tennessee FCA, a successful whistleblower can receive between 25% and 33% of the recovered proceeds in cases where the state intervenes, and between 33% and 50% if the state declines to intervene. Under the Medicaid False Claims Act, whistleblower awards are limited to between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. Both laws also protect those who suffer employment retaliation for blowing the whistle.
The Texas Medicaid Fraud Prevention Act applies just to false claims submitted to the state’s Medicaid program. The Act has a six-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
Texas has a separate law that allows for an award for reporting fraud, waste or overcharging in the state Medicaid program, if the reported information results in the recovery of an administrative penalty. The award may not exceed five percent of the amount of that administrative penalty.
The Vermont FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Virgin Islands has an FCA that broadly covers fraud upon the territory or any political subdivision (excluding tax fraud).
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the government intervenes, and between 33% and 50% if the government declines to intervene.
Present or former government employees generally cannot bring lawsuits that depend on information obtained over the span of their service term.
The Virginia FCA broadly covers fraud upon the state or any political subdivision (excluding tax fraud). The Act has a ten-year statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle.
The Washington FCA applies just to false claims submitted to the state’s Medicaid program. Notably, the Act has no statute of limitations.
A successful whistleblower can receive between 15% and 25% of the recovered proceeds in cases where the state intervenes, and between 25% and 30% if the state declines to intervene. The law also protects those who suffer employment retaliation for blowing the whistle; retaliation claims must be brought no more than three years after the retaliation occurs.
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The False Claims Act attorneys at Brown, LLC have significant experience representing whistleblowers exposing fraud upon government programs in states across the country. To schedule a confidential consultation or to read more information call us at (877) 561-0000
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