WHO IS LIABLE?
Virtually anyone who receives money from the State, pays money to the State, or helps someone else get money from the State, can engage in conduct which would make them liable for a violation of the False Claims & Whistleblower Protection Act (FCWPA). Common examples of defendants can include the following:
Individuals and Businesses: Virtually any individual or business who does business with the State, sells something to the State, any agency or branch thereof, or a state contractor or other recipient of State monies, can be a defendant in a FCWPA action.
Government Contractors and Subcontractors: Anyone who contracts to provide services or goods to the State can be a defendant for a vast array of FCWPA claims.
Medical Providers: Doctors, hospitals, HMO’s and clinics can be defendants in FCWPA actions, for Medicaid or Medicare fraud, and for a wide range of fraudulent billing practices which can range from charging for services not performed, to performing services which were unnecessary.
Local Government Agencies and Officials: Because they are recipients of large amounts of government money, local government entities can be defendants in FCWPA actions.
Private Universities: Private universities and colleges have been charged as defendants in FCWPA type actions that involve their handling of grants and research and development money.
Others: Virtually anyone who receives money from the State or pays money to the State, can engage in conduct which would give rise to a FCWPA violation. Activities which constitute a violation under the Act are:
(a) knowingly presenting, or causing to be presented, to the State a false or fraudulent claim for payment;
(b) knowingly making, using, or causing to be used, a false record or statement to get a claim paid by the State;
(c) conspiring with others to get a false or fraudulent claim paid by the State;
(d) knowingly using, or causing to be used, a false record or statement to conceal, avoid or decrease an obligation to pay money or transmit money to the State.
To obtain more information, contact:
Andrew J. Campanelli
Campanelli & Associates, P.C.
623 Stewart Avenue
Suite 203
Garden City, NY 11530
(516) 746-1600
