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How Do I Write A False Claims Act Complaint: A Tutorial Series

Count 1: Violation Of 31 U.S.C. Sec. 3729, Prior To May 20, 2009

Posted on Monday, March 17, 2014, 08:22:56 PM Eastern Time USA by JOSEPH J. PAPPACODA, ESQ..




The Obama Administration made substantial changes to The False Claims Act, effective on or after May 20, 2009. To the extent that your case involves frauds committed prior to, and after May 20, 2009, you will be implicating two different versions of The False Claims Act, and therefore, it is recommended that you cite both for different time periods, as the elements for each are different. Count 1 will be referenced in this Blog and Count 2 will be referenced in the Blog immediately following this entry.

Generally speaking, a well plead Complaint requires one to track the elements in the Code, and to match them with specific fraud allegations averred in the Complaint. This blog relates to the elements that must be plead in the FCA Complaint for time periods prior to May 20, 2009.

Time periods cited below, as well as paragraph references, are for illustrative purposes only. These would be tailored to your specific complaint.

Count 1: Violation Of 31 U.S.C. Sec. 3729 for periods prior to May 20, 2009, could look something like this:

COUNT 1
VIOLATION OF 31 U.S.C. § 3729
FALSE OR FRAUDULENT CLAIM MADE TO THE UNITED
STATES FOR PAYMENT OR APPROVAL
(Prior To May 20, 2009)

57. Plaintiffs adopts and realleges in this count the allegations contained in paragraphs 1. through 56. above, as if fully set forth herein.

58. Beginning on or about August, 2007, continuing through and including, the present date, Defendants knowingly presented, or caused to be presented, to an officer or employee of the United States Government, numerous false or fraudulent claims for payment or approval; and/or knowingly made, used, or caused to be made or used, numerous false records or statements to get false or fraudulent claims paid or approved by the United States Government; and/or conspired to defraud the United States Government by getting false or fraudulent claims allowed or paid; and/or knowingly made, used, or caused to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government.

59. In committing the acts and omissions averred in Paragraphs 1. through 56. above, Defendants have violated and will through the date of trial continue to violate, The False Claims Act, 31 U. S. C. § 3729 (a) (1), by knowingly presenting or causing to be presented to an officer or employee of the United States Government a false or fraudulent claim for payment or approval.
60. In addition, Defendants have separately violated and will through the date of trial continue to violate The False Claims Act, 31 U. S. C. § 3729 (a) (2), by knowingly making, using or causing to be made or used a false record or statement to get a false or fraudulent claim paid or approved by the Government.

61. In addition, Defendants have separately violated and will through the date of trial continue to violate The False Claims Act, 31 U.S. C. § 3729 (a) (3), by conspiring to defraud the Government by getting a false or fraudulent claim allowed or paid.

62. In addition, Defendants have separately violated and will through the date of trial continue to violate The False Claims Act, 31 U.S. C. § 3729 (a) (7), by knowingly making, using, or causing to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government.

63. To the extent, if any, that this case is deemed to be a related action and that facts set forth herein are deemed to be the same as facts underlying an existing False Claims Act action pending at the time of filing of this action, as prohibited by 31 U.S.C. § 3730 (e) (3), then said factual allegations in common with the pending action, which would cause this to be a related cause of action, are hereby expressly excluded from this action, but only to the limited extent necessary to exclude such preemption. Further, to the extent that the allegations or transactions set forth herein are the subject of an existing civil suit or an administrative civil money penalty proceeding in which the Government is already a party, then the allegations or transactions referred to herein which are the subject of any such civil suit or administrative civil money penalty proceeding are expressly excluded here from, but only for the specific time periods and specific allegations or transactions as necessary.

64. Pursuant to 31 U.S.C. 3729 (a), Defendants are liable to the United States
Government for a civil penalty of not less than $5,000 and not more than $10,000, for each violation of the False Claims Act, plus three (3) times the amount of damages which the State sustains because of the acts of defendants.
WHEREFORE, Plaintiffs, demands judgment against Defendants, for a civil penalty of $10,000 per false claim, plus three (3) times the amount of damages that the Government sustains because of Defendants’ acts, pursuant to 31 USC § 3729; reasonable expenses, attorney’s fees and costs, that this Honorable Court deems necessarily incurred, pursuant to 31 USC § 3730 (d) (1) (2), and such other relief as may be deemed equitable and just under the circumstances.


Joe Pappacoda, Esquire
954-560-2616
USFraudCases.com

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