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Blowing the Whistle on Government Fraud in California
Tuesday, January 24, 2012

According to employment attorney San Diego, making false claims that defraud the government for money is a serious crime at the federal and state levels. The False Claims act allows private citizens to blow the whistle on individuals and businesses through lawsuits. Orange County residents trust must be skilled at discreetly handling false claims information. Much of the time, individuals coming forward have found evidence of false claims being made by their place of employment. California's state false claim Orange County laws mimic those that protect the federal government from fraud but with reference to state governmental agencies.

 

It is estimated that billions of dollars are stolen from the federal government annually by government contractors. The Federal False Claims Act provides incentives for private citizens to come forward with information and evidence of government fraud that leads to the recovery of stolen government money. The federal false attorney Orange County residents need for whistle blowing should be experienced in false claims lawsuits. Any attorney chosen should also have the appropriate credentials and training to pursue cases at the federal level. The California state false claim attorneys should be well-versed in the ins and outs of the false claims act, as well as experienced in real court cases.

 

Whistle blowing cases are called 'qui tam' cases says Orange County employment attorney. Qui tam refers to the fact that the whistle blower will profit along with the government from exposing the fraud through being awarded part of the judgment. Your federal false attorney practice can give you tips for your qui tam case, as can your state false claim lawyer. However, here are a few things to get in order before bringing your information to the law firm you have chosen. First, write down all you know about the fraud. Be as specific about dates, documents, amounts of money, and conversations relating to the fraudulent activity as you can. Spending several days doing this can allow you to remember more in several settings than you can in one period of time.

 

Second, don't be afraid to reveal both good and bad interactions you have had. Your lawyers will need to know how involved you are. You should offer as much detailed information as possible as quickly as possible. Only the first whistleblower to file gets to share in the judgment. Law suit success rates increase dramatically when the attorney trust can get the government to intervene based on the information provided. The same is true with state false claim Orange County citizens file.


posted by employmentattorney at 01:02:22 AM | permanent link | 0 comments

employment attorney Orange County : California Whistleblowers
Wednesday, May 18, 2011

employment lawyer Orange County

Many California employees contact us to find out if they are entitled to "whistleblower" protection. Both state and federal laws protect persons who report illegal activity by their employers says employment attorney Orange County. To be protected, an employee usually only has to have a "reasonable but mistaken belief" that illegal activity is afoot. In California, whistleblowers are protected by Labor Code 1102.5 which prohibits retaliation against an employee who complains about illegal activity. This is a very tough law for employers to prevail on, since the very next code section (1102.6) provides that the burden of proof is on the employer to prove by clear and convincing evidence that the whistleblowing about illegal activities had nothing to do with the adverse employment action.

According to employment lawyer Orange County, an employee can claim retaliation under the federal qui tam laws, where it is shown that the whistleblower was discharged, demoted, or discriminated against because of lawful acts done in furtherance of a false claims investigation. If the relator basically violates confidentiality and removes tens of thousands of documents indiscriminately, in order to later prove a qui tam case, there will probably be a finding of non-protected activity and the loss of the right to bring a retaliation action under the federal law.

When a whistleblower actually sues his or her former employer on behalf of the government for monies lost by the government, it must be shown that the government was actually defrauded and lost money says employment attorney Oakland. The federal false claim act is found at 31 United State Code 3729. A recent case illustrates some of the differences in "reasonable but mistaken" (sufficient to support a wrongful termination claim) and actual false billings. In this case the plaintiff contended that her employer withheld disclosure of new inventions from the government, stating that the contract with the company provided that the government owned the inventions. As the government would have had the right to license and sell these new inventions, the theory of the employee went, the United States was defrauded by not having that right of sale. Unfortunately for the plaintiff, she was unable to allege that the employer ever sought payment from the government and had not submitted a "false claim".

Employment attorney San Diego says that false claims take many forms such as fraudulent use of a receipt; unauthorized purchase of government property or use of a "false record or statement" to avoid payment to the government. Another recent case held that a request for reimbursement that falsely implied compliance with federal rules might constitute a false claim. "Reverse false claims" are also actionable. In one such case, the defendant company falsely represented the value of some aircraft metals as "scrap", whereas in fact it was worth several million dollars. A false claim was properly stated. Finally, it's important to determine if the false claim was in a "condition of participation" or a "condition of payment". No false claim is usually stated if the defendant accused of defrauding the govenment is simply falsely certifying compliance (such as non-discrimination) with a federal program or is actually billing falsely.

Financial rewards for whistleblowers can be huge! Under California state laws, up to 30% can be awarded to the whistleblower. Routinely, about 15-20% is awarded in federal false claims actions.

As always, this blog is educational in nature and legal advise can only be given by an experienced attorney in your jurisdiction.


posted by employmentattorney at 05:54:44 PM | permanent link | 0 comments

Employment Attorney- Finding Affordable San Diego Attorney Services
Wednesday, May 18, 2011

When you are searching for an employment attorney, San Diego has many different options for you to choose from. Throughout Orange County, there are a number of different legal professionals that you can find to help you with your needs, no matter what those might be. Whether you are fighting sexual harassment charges or just a discrimination case, there are legal services that can help you get the outcome that you deserve. Many legal issues can arise in the workplace, including everything from wrongful termination to sexual harassment, which is why legal professionals are available to help.

 

sexual harassment attorney, San Diego

 

The one thing that most people are concerned about when they are searching for an employment attorney Orange County has to offer is the cost of their fees and services. While money isn't everything, hiring a lawyer is not a cheap experience at all. Therefore, you should take the time to check out your options and utilize the free consultations that are available so that you can find the most affordable services, no matter what you need. Free consultations will also give you a chance to talk to the attorney and see what they have to offer you.

 

When you are searching for a sexual harassment attorney, San Diego has plenty of affordable options as long as you are willing to take the time to look. With so much out there to choose from, it will be up to you to make sure that you find the right attorney for an affordable price. Consider all of your options because you also need to find a lawyer with a good track record and reputation if you want the best results, but make sure that you can afford the lawyer that you hire. The outcome of your case doesn't matter if you can't afford the services that you are getting, after all.

 

With any employment attorney, OC residents can get better results in their legal battles. Fortunately, these attorney services are not as expensive as many people think, making it easier for everyone to get the legal help that they need. Battling an employer can be difficult because they have an entire legal department on their side, but when you take the time to find a reputable, affordable attorney of your own the fight can be a little more fair and less confusing for you, making it easier to get the results that you deserve.

 


posted by employmentattorney at 05:32:48 PM | permanent link | 0 comments

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Recent Entries
Blowing the Whistle on Government Fraud in California
employment attorney Orange County : California Whistleblowers
Employment Attorney- Finding Affordable San Diego Attorney Services
San Diego employment Attorney: Do you have a Whistleblower Case?
San Diego employment attorney:Understanding Employment Law
What is “Employment Law” in California?
Do You Know Your Employment Rights?
Orange County Employment Attorney
Employment Attorney – Protect Your Rights
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