Why is it important to look at the False Claims Act statistics for prosecution? Many things in life are a gamble. Every good gambler knows you need to play the odds if you’re going to have a chance of winning. When you are considering whether you should report fraud against the government, you’re making a big decision. You should never enter into any lawsuit without careful consideration, but in the case of whistleblowing, a lot of things are at stake.
One of the greatest considerations is the magnitude of the crime. False Claims Act cases are not small matters. Fraud committed against the government by an organization is often on a large scale. For many people, the difficulty in turning a blind eye increases in direct proportion to the size of the crime.
On the other hand, the risk of personal harm is also high. There are laws to protect a whistleblower from retaliation in his job, but that does not mean your employer won’t attempt to go around these protections. After all, the same company chose to commit fraud, perhaps to the tune of millions of dollars. The law will make sure you get your job back and will compensate you for damages or return you to your previous status with your employer. That doesn’t mean you won’t suffer harm while things work through the court process.
Because the consequences are so high, it isn’t unusual to wonder if it’s all worth it. Looking at the statistics of prior False Claims Act cases can help you make your decision. The most recent False Claims Act statistics can be found easily by visiting The United States Department of Justice and conducting a search with the keywords “False Claims Act” and “Statistics.” They lay everything out there for anyone to see. All you need to do is look it up.
According to the information published by the United States DOJ, at the end of December 2015, the government had recovered $26.4 billion in judgments and settlements from civil cases since 2009. Of those cases, over $2.2 billion was awarded to the Whistleblowers.
What Do the False Claims Act Statistics Mean for Whistleblowers?
The law states that the whistleblower, or relator, is entitled to 15% to 25% of whatever amount the government recovers. The national average percentage recovered by whistleblowers is 16% of the government’s take. Some clients of the Bothwell Law Group have received between 25% and 30%. In one particular case, the Bothwell Law Group achieved a settlement of $1.8 million.
In 2015 alone, the Department of Justice received over $3.5 billion in settlements with $1.9 billion of this coming from healthcare cases. These healthcare fraud cases involved the negligent care of patients and clients. They also included kickbacks the hospitals and medical care providers received for using particular healthcare products. Some of the people prosecuted were offending as individuals, and some were companies. All of these cases involved government funding, which is the criteria for a False Claims Act violation.
The statistics that the Department of Justice collects clearly show the success of the False Claims Act and the 1986 amendment. The transparency is a positive outcome for both the government and the whistleblowers. Whistleblowers receive a financial reward as well as the satisfaction of knowing they have helped stop the illegal and immoral activity.
Which Types of Fraud Are Convicted Most Often, According to False Claims Act Statistics?
Achieving prosecution under the False Claims Act is a complicated and drawn-out procedure. You need to be certain you are working with a competent and experienced attorney with a focus on whistleblower cases. Most attorneys working with the False Claims Act have particular areas of fraud on which they concentrate. These areas can include:
● Medical Fraud, Overbilling and Healthcare Scams
● Hospice Care and Nursing Home Fraud
● Mortgage Fraud
● State Education Fraud
● Government Grant and Program Fraud
● Dental Fraud
● Contractor Fraud
● Intellectual Property Fraud
What Do False Claims Act Statistics Predict for the Future?
No one has a crystal ball to predict what the future holds for filings under the False Claims Act. However, we do know that whistleblowers are an important part of the prosecution process. In 2012, over 70% of successful prosecutions came from reports from individuals. A thorough reading of the statistics on the DOJ’s website shows that this trend will continue as people become more aware of fraud and more willing to report it.
Do you have more questions about False Claims Act statistics for prosecution? Contact the skilled False Claims Act attorneys at Bothwell Law Group by calling 770.643.1606 today.