Ley federal de reclamos falsos

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  • Publicado : 29 de agosto de 2012
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The federal False Claims Act (Federal False Claims Act, 39 USC § 3729-33) is a strong and effective piece of legislation that allows citizens to sue companies and individuals that attempt to steal orcommit fraud against the government. Under this law, citizens wishing to serve as plaintiffs can receive monetary compensation. Most fraud against the government, go unnoticed except by thoseemployees and citizens who witness acts of fraud against government programs. Given the magnitude of the federal government, there are many opportunities to commit fraud and little government oversight.Therefore, this law provides strong incentives for citizens who report and submit a claim under this act and in the name of the United States government.

The False Claims Act is also known as demand"qui tam". Qui Tam comes from the Latin meaning altogether, "he demanded on behalf of the king and himself." Qui Tam legislation was first enacted during the Civil War, in response to dishonestsuppliers of military union. At that time, the government had little means to investigate or prosecute, so they instituted a law that encouraged citizens to report to the fraudsters. Before 1986, thelegislation was infrequently used. However, in 1986 Qui Tam claims or false claims law began to generate significant gains in federal tax dollars. More than four thousand qui tam lawsuits have been filedsince 1986. The federal government has recovered over $ 6 billion as a result of this legislation and citizens who have filed these lawsuits have raised more than $ 960 million dollars in compensationtogether.

According to the article The False Claims Act and the Eroding Scienter in Healthcare Fraud Litigation, the FCA has been a successful tool against private contractors looking to cheat the USTreasury of public funds. On the other hand, the FCA currently functions to penalize more than to restore. In addition to the FCA, there are individual state laws that establish that people who...