Even the most honest organizations with good-intentioned owners can inadvertently run afoul of the False Claims Act, often due to employee actions or a misinterpretation of government contract obligations. Regardless of the innocence of the mistake, such allegations can tarnish your company’s image. They can also expose you and your enterprise to suspension and debarment, escalating expenses, and pose the risk of civil and criminal penalties.
Complaints under the False Claims Act can be lodged by either the Department of Justice or individuals with information about the fraudulent activity. These are recognized as qui tam claims, incentivizing the submission of False Claims Act complaints by offering the individual up to 30% of the Government’s recovery.
Consequently, businesses should always be ready to handle fraud reports, regardless of their merit. Here are straightforward measures to minimize the likelihood of False Claims Act filings, and to effectively manage any accusations.
Having the best policies and procedures is futile if employees lack the knowledge to integrate them into their daily tasks. While employees might not deliberately breach the False Claims Act, unawareness is no shield against qui tam legal actions. Consequently, alongside establishing a robust policy, your institution should also facilitate frequent compliance education.
The induction of new employees at every level of the organization should involve FCA...
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