Reporting Fraud

Government Contractor And Subcontractor Fraud

Along with the billions of dollars in federal stimulus money granted under President Obama's Recovery Act, Congress also passed new legislation to protect this spending from fraudulent practices. In 2009, congress passed the Fraud Enforcement Recovery Act (FERA), expanding the protection of the False Claims Act to counter fraudulent claims submitted even by subcontractors who do not directly bill the government. With this new expansion, the role of whistleblowers, especially employers, has become even more essential to fight against government fraud.

Careful Advice For Potential Whistleblowers

Employees of government contractors and subcontractors have a special role to play in combating government fraud. Careful legal advice is essential if you want to "blow the whistle" and protect your rights and your job at the same time. In the past, government fraud was at least something that could be policed by a government agency that directly received the claims and took part in paying them out — not so for subcontractors.

Effective enforcement and prevention of government fraud under FERA will depend on the inside knowledge and reporting by employees of the subcontractor or contractor. In many cases, only the accounts receivable manager within a subcontractor will know if a bill is honest. Only the accounts payable manager in the office of the general contractor will be in a position to ask questions if bloated claims or subcontractor embezzlement becomes apparent.

What Is Recovery Act Fraud?

Questions can arise in third-party Medicare billing situations, can be a concern regarding implementation of the "cash for clunkers" program and the subcontractors who were hired to decommission "clunkers," or might involve misuse of federal highway or other transportation dollars.

If you have a concern that your employer, a subcontractor or some other company is filing false claims, it is essential that you get good legal advice upfront, before you act. Contact the qui tam lawyers at NachtLaw now to discuss your rights.

Recovery Act fraud involves the intentional use of false or misleading methods when bidding on or fulfilling government contracts. These actions can include:

  • Bid fixing
  • Overcharging
  • Defective pricing
  • Defective parts
  • Overcharging for labor
  • Price fixing
  • Product substitution
  • Other fraudulent behavior

Representation For Whistleblower Employees

For those employees who know their employer has committed one or more of the following acts against the federal government, whistleblowing is a viable option. By stepping forward to report employer wrongdoing, you are not only protected from employer retaliation by the federal False Claims Act, but you may also be entitled to a portion of any money recovered from your employer in a lawsuit brought by the Department of Justice. Our attorneys will guide you through the entire process of filing a claim and ensure that your rights are fully protected.

Contact NachtLaw

For more information or to schedule a confidential appointment, please contact us. We represent clients throughout the states of Michigan and Ohio.

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