If you work for a corporation that you know is committing fraud against the government, you can file a whistleblower lawsuit to attempt to hold them accountable. If you can prove corporate fraud occurred, you may be entitled to compensation. The Cincinnati corporate fraud lawyers at O'Connor, Acciani & Levy can guide you through every step of your whistleblower lawsuit, fighting to hold your employer accountable and obtain all the compensation you deserve. If you face retaliation for coming forward, such as termination, demotion or denial of a promotion, we can pursue restitution. The attorneys have decades of combined experience pursuing justice and compensation for our clients. We offer a free, no obligation legal consultation so you can discuss your situation. If we take your case, we will not charge for representing you unless we are successful.
What Is Corporate Fraud?
According to the federal False Claims Act (United States Code § 3729), corporate fraud occurs when one or more people at a corporation engage in any of the following activities to defraud the government:- Knowingly presenting a false or fraudulent claim for payment from the government
- Knowingly making a false record or statement or causing such a statement or record to be made that applies to a false or fraudulent claim
- Engaging in a conspiracy to commit a violation of another section of the law
- Knowingly delivering or causing to be delivered less property or money than the government is entitled
- Delivering a document certifying receipt of property used without knowing if the information on the document is accurate
- Knowingly buying or receiving property from an officer or employee of the government when it is illegal for this person to sell or pledge property
- Knowingly making, using or causing to be made or used, a false record or statement relevant to an obligation to pay money to the government
- Knowingly avoiding or decreasing an obligation to pay or transmit money or property to the government
Types Of Corporate Fraud Cases
Corporate fraud against the government happens in many different industries and involves many types of transactions. That is why our attorneys are prepared to handle cases involving many types of corporate fraud, including:- Overbilling the government for goods or services, a common example of Medicare or Medicaid fraud
- Billing for services that were not provided
- Failing to report when the government overpays a corporation for a good or service
- Supplying the government with defective or substandard goods, also called procurement fraud, which is a common form of fraud among defense contractors
- Overbilling for the number of hours worked on a contract
- Falsifying documents to say the requirements of a contract have been carried out
- Claiming a corporation meets certain criteria, such as being a minority-owned business or having certain experience or resources to fulfill a contract
- Misrepresenting the value of imported goods to reduce tariffs
- Falsifying records if a corporation is in an industry supported by government programs, such as natural gas and oil extraction or agriculture
- Altering information on checks from the government
- Billing for made up goods or services
- Using fraudulently-obtained money to commit more fraud
- Using bribes to secure a government contract
- Charging more than once for the same product or service
- Charging for equipment or supplies that were never used
- Billing for services that are unnecessary, which often happens in the health care industry
- Paying the government less than it is owed
- Engaging in a conspiracy to defraud the government
What You Need To Know About The False Claims Act
Lawsuits over corporate fraud against the government are governed by the False Claims Act. This federal law says anyone with evidence of corporate fraud involving the government can file a whistleblower lawsuit. The only exception to this is if the government or another party has already filed a lawsuit based on the same evidence you have. When you file the lawsuit, the federal government will decide whether or not it wants to get involved. If the government gets involved, it will take over primary responsibility for the lawsuit and will work with you as needed. If the government does not take over, you and your Cincinnati corporate fraud attorney will have to pursue the case yourselves. However, whistleblower lawsuits often have a better chance of success when the government gets on board. This is why our team will work to build a strong case to help encourage the government to join. With the government on board, if the case is successful, you may be entitled to between 15 and 25 percent of the recovered funds. If the government is not on board, you can receive between 25 and 30 percent of the recovered funds. The amount you receive will be based on the court's determination about how much you contributed to the success of the case. The bigger your role was, the more money you will receive. The False Claims Act also allows you to obtain compensation to cover the cost of having a lawyer to represent you.How Long Do I Have To file A Lawsuit?
The False Claims Act has a statute of limitations for whistleblower lawsuits. Under this law, you must file a lawsuit within six years of the fraud occurring, or within three years of when the government knew or should have known fraud was occurring. However, you cannot file a lawsuit more than 10 years from the date fraud occurred, no matter when the government discovered it. It is difficult to determine when the statute of limitations for your case began to run. This is one of the main reasons you should strongly consider working with a corporate fraud attorneyin Cincinnati. Our attorneys can ensure your case is filed before the statute of limitations expires and you lose the right to file a whistleblower lawsuit.What If I Am Retaliated Against By My Employer?
Some employers choose to retaliate against employees who file whistleblower lawsuits. However, this is prohibited by the False Claims Act. Retaliation could include:- Termination
- Demotion
- Suspension
- Harassment
- Denial of promotion
