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Bothwell Law Group 304 Macy Dr, Roswell, GA 30076
US False Claims Act

DIFFERENTIATING FRAUD AND MISTAKE UNDER US FALSE CLAIMS ACT

US False Claims Act

Before filing a lawsuit under the US False Claims Act, some whistle blowers may be concerned about the legitimacy of their case. Maybe you feel unsure about the evidence you have gathered. Or, maybe you feel confused about the exact definition of fraudulent activity. At Bothwell Law Group, we hope to help you better understand the details concerning the US False Claims Act. It is a very detailed and complicated law. Before moving forward, we will clearly distinguish between fraud and a mistake.

WHAT IS A MISTAKE?

In some cases, business owners may not be unethical or malicious. They may simply be terrible business owners. It is true that in some cases mistakes may result in the government losing money. However, we should be clear: a mistake is not the same as fraud.

HOW IS A MISTAKE DIFFERENT FROM FRAUD?

To put it simply, fraud requires knowledge of the consequences of your actions. Under Section 3729b of the US False Claims Act, the law is very clear. In order for fraud to occur the person must have knowledge of the laws regarding their actions, whether or not they are intentionally defrauding the government. Even if the purpose of their actions is not fraud, if they are aware of the laws regarding their choices, their actions will still be considered fraud.

If you are thinking the difference between a mistake and fraud under the false claims act seems to be a very fine line, you are right. For employees, who typically do not have professional experience with whistle blowing, it can be hard to distinguish between the two.

WHAT SHOULD YOU DO IF YOU SUSPECT FRAUD?

Because of this, we instruct any employee working in healthcare who suspects their employer may be committing fraud to gather any available evidence concerning their employer’s behavior. Next, we recommend employees who suspect fraud to play it safe by speaking with an attorney who has extensive experience working with Medicare fraud related lawsuits and who has thorough knowledge of the US False Claims Act.

An experienced false claims attorney can take a careful look at the evidence you have gathered. Then, they can make a suggestion about whether or not you should move forward with your claim. At Bothwell Law, our attorneys understand what it takes to have a successful Medicare Fraud lawsuit. We would never recommend moving forward if we did not believe you had adequate evidence of fraud.

WHY YOU SHOULD GET AN ATTORNEY

Working with an experienced False Claims Act lawyer with experience in fraud can provide you with peace of mind and confidence, so if you are ready to move forward you can do so without worry. If we have determined you have substantial evidence of fraud, we will guide you through each step of the process.

Have questions about the US False Claims Act? Click to contact the Bothwell Law Group online.

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