Got Fraud? What Kind?

Fraud comes in different types. To figure out how you should hold someone legally accountable for fraud, you need to figure out what kind of fraud is being committed.

Is the government paying the bill? Then you might have a False Claims Act case. The next question asks which government. If the feds are paying, either directly or ultimately, you may have a viable FCA case because there is a federal law that allows individuals to bring a claim on behalf of the federal government. If the state government is paying, without the involvement of the feds, we need to ask which state. Almost half of the states have some form of state False Claims Act, allowing whistleblowers to bring fraud claims on behalf of the state. Some of those state Acts are limited to Medicaid claims; others focus on kickbacks; lots of states have none at all.

If the fraud consists of lying to the IRS about taxes, then you may have a tax fraud claim under the IRS Rewards Program. If the fraud consists of lying about sales or franchise taxes or some other state tax, then you may be able to file a whistleblower claim depending on the particular state.

If the lies take advantage of the general public, meaning average citizens are being bilked out of their dollars, you can make a complaint to the Attorney General in your state because they usually handle "consumer fraud."

If the fraud targets an individual or small group of folks, you may be able to file locally alleging a "common law fraud claim." Common law means the laws of the state will determine what needs to be proven.

KEMY focuses on whistleblower claims in the tax and government payer arenas, but we are more than happy to hear your stories of fraud and help you figure out where and how to get the fraud resolved. Call and ask. We know fraud is complicated and would like to help.