The False Claims Act (FCA) is a legal tool that helps to combat fraud against the government. Building a strong FCA case requires meticulous preparation and a deep understanding of the legal landscape. Those who believe they may have an FCA case are wise to review the following considerations before moving forward.
#1: Is there sufficient evidence?
Gathering evidence is the cornerstone of any FCA case. The quality and quantity of evidence can significantly impact the outcome. The following steps can help:
- Document everything: Maintain detailed records of all relevant transactions, communications, and actions. This includes emails, invoices, contracts, and any other pertinent documents.
- Identify witnesses: Locate individuals who can provide firsthand accounts of the fraudulent activities. Their testimonies can offer invaluable insights and corroborate your claims.
- Secure expert analysis: Engage experts to analyze complex data or financial records. Their expertise can help interpret evidence and strengthen your case.
Thorough evidence lays the foundation for a compelling FCA case.
#2: What was the reason for the defendant’s actions?
Understanding the defendant’s actions is an important factor when establishing the elements of fraud because intent and knowledge are important components of an FCA claim. Establishing this element can involve examining internal communications and decision-making processes. It is also helpful to identify any recurring patterns or practices that indicate fraudulent activity. Consistent misconduct strengthens the argument for intentional fraud.
Another important factor to review before moving forward is the impact of the potential fraud on the government. You should establish how the defendant’s actions financially harmed the government and quantify the damages to underscore the severity of the fraud.
A thorough understanding of the defendant’s actions helps build a narrative that clearly illustrates the fraudulent conduct.
#3: Is there a compelling case?
The case is more likely to move with clear and compelling evidence. Timelines, charts, and summaries can help to enhance clarity. This can influence the government’s decision to intervene as it showcases the strength of your evidence and the seriousness of the fraud.
#4: What else should I know?
Building a strong FCA case serves many functions. Take cases in the medical field as an example. An FCA case in this industry helps to hold those who take advantage of federal funds accountable for their wrongdoing, better ensuring patients receive care that is based on medical needs instead of financial gain. The case also leads to financial compensation for the individual who brings the claim, known as the relator.
A review of the aforementioned considerations can help to begin the conversation about building an FCA case. It is important that those who find themselves in this position take the matter seriously. The above is a guideline. These cases are complex, and the government will only join if specific criteria are met. An attorney with experience in this area of law can review your case and help you to decide the best course of action.