WHO IS LIABLE?

Virtually any individual or business who does business with the Government, or sells something to the Government, can be a defendant under the California False Claims Act (FCA).

This includes anyone who does business with: (a) The State of California, (b) any County, City, Town, or Village within the State, or (c) any contractor, grantee or recipient, which is receiving state monies (all of which are considered “the Government” under the law).

Claims may be filed against defendants including, but not limited to:

Government Contractors and Subcontractors: Anyone who contracts to provide services or goods to the Government can be a defendant for a vast array of claims.

Medical Providers: Doctors, hospitals, clinics and other providers of medical services, goods or equipment can be defendants in actions, for a wide range of fraudulent billing practices which can range from charging for goods or services not provided, to performing services which were unnecessary. This includes Doctors, hospitals and clinics which defraud Medi-Cal or Medicare.

Others: Virtually anyone who receives money from the Government can engage in conduct which would give rise to a FCA violation. Activities which constitute a violation under the False Claims Act are:

(a) knowingly presenting, or causing to be presented, to any Government officer or employee, a false claim for payment or approval by the Government;

(b) knowingly making, using, or causing to be made or used, a false record or statement to get a false claim paid or approved by the Government;

(c) conspiring with others to get a false fraudulent claim allowed or paid by the Government;

(d) while having possession, custody or control of public property or money to be used by the Government, knowingly delivering or causing to be delivered less property than the amount for which the person receives a certificate or receipt;

(e) while being authorized to make or deliver a document certifying receipt of property used, or to be used, directly or indirectly by the Government, and intending to defraud the Government, makes or delivers a receipt that falsely represents the property to be used;

(f) knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the Government, knowing that such officer or employee lawfully may not sell or pledge the property;

(g) knowingly making, using, or causing to be made or used, a false record or statement to conceal, avoid or decrease, directly or indirectly, an obligation to pay or transmit money or property to the Government;

(h) is a beneficiary of an inadvertent false claim to the government, who subsequently discovers the falsity of the claim, and fails to disclose the false claim to the government.