Proving a Violation

The best way to evaluate whether you are aware of facts that would support a good False Claims action is to meet with an attorney experienced in investigating and pursuing such a claim. It simply isn't possible to address and explore the many issues involved without substantial dialogue and the give and take such a discussion allows.

To decide whether you should take the next step and talk with an attorney, and to organize your thoughts in advance of such a meeting, you may find it helpful to consider the following issues on your own.

What's required to prove a violation?
Did the potential defendant misrepresent or conceal the truth?
Can it be proven?

At the heart of all fraud cases is deception. The defendant either misrepresented the facts to the government, or concealed important facts. The facts misrepresented or concealed almost always relate to how much the government is obligated to pay (or how much money the government is entitled to receive). A medical lab might submit a claim for payment to Medicare for a test, when in fact no such test was performed. The lab has misrepresented the facts, specifically that it performed the test, to trick the government into paying a fraudulent claim.

A company with a government contract might submit an invoice for work, when in fact the contractor substituted materials inferior to those required
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