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How Do I Write A Qui Tam Complaint: A Tutorial Series And Primer

Count 2: Violation Of 31 U.S.C. 3729, For Time Periods After May 20, 2009

Posted on Saturday, March 22, 2014, 05:25:23 PM Eastern Time USA by JOSEPH J. PAPPACODA, ESQ..




In your Qui Tam Complaint, following your detailed and specific fraud allegations, that can be corroborated by documentation whenever possible, you will get to the Count Section of the Complaint. To the extent that your False Claims Act Complaint covers time periods before and after May 20, 2009, you will implicate two (2) different versions of 31 U.S.C. 3729, which include different elements. This blog covers is related to time periods after May 20, 2009, as alleged in any QuiTam Complaint.

Continuing from the last Blog Posting, for time periods after May 20, 2009, as alleged in your Qui Tam Complaint, Count 2, and a Demand For Jury Trial, could look something like this:

COUNT 2
VIOLATION OF 31 U.S.C. § 3729
FALSE OR FRAUDULENT CLAIM MADE TO THE UNITED STATES
FOR PAYMENT OR APPROVAL
(After May 20, 2009)

67. Plaintiffs adopts and realleges in this count the allegations contained in paragraphs 1. through 66. above, as if fully set forth herein.

68. Beginning on or about August, 2007, continuing through and including, the
present date, Defendants knowingly presented, or caused to be presented, a false or fraudulent claim for payment or approval; and/or knowingly made, used, or caused to be made or used, a false record or statement material to a false or fraudulent claim; and/or conspired to commit a violation of subparagraph (A), (B),..or (G) of 31 USC § 3729 (a)(1); and/or knowingly made, used, or caused to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly concealed or knowingly and improperly avoided or decreased an obligation to pay or transmit money or property to the Government

69. In committing the acts and omissions averred in Paragraphs 1. through 66. 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) (A), 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.

70. 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) (1) (B), by knowingly making, using, or causing to be made or used, a false record or statement material to a false or fraudulent claim. 71. 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) (1) (c) by conspiring to commit a violation of subparagraph (A), (B),..or (G) of 31 USC § 3729 (a)(1).

72. 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) (1) (G), by knowingly making, using, or causing to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the Government. 73. 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 herefrom, but only for the specific time periods and specific allegations or transactions as necessary.

74. 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, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 104–410), 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 $11,000 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.

WHEREFORE, Plaintiffs, requests the relief set forth in 31 USC § 3730 (h), and such other relief as may be deemed equitable and just under the circumstances.

DEMAND FOR JURY TRIAL

Plaintiffs in the above-styled cause demands a trial by jury of all issues triable as a matter of right in Counts 1 and 2.

_______________________________


It is important to note that there is no right and wrong answer as to exactly how you word your Counts. The important thing to remember is to "track the code", meaning to allege the elements in you complaint that can be applied to your specific fraud allegations related to those elements, in order to wind up with a well plead Complaint that will withstand a Defendant's Motion To Dismiss for failure to state a cause of action, or for failure to allege fraud with specificity. Corroboration of your fraud allegations with documentation which evidences actual fraud on the face of that documentation, is always better than a blanket allegation with no documentation to support it. Keep in mind you will always have to convince another person that you are right and that your allegations are correct. There are times when that could be a virtual impossibility without records to support your allegations. That is especially true when documentation is 'fudged' or fixed some time after the fact to cover up the fraud that initially occurred.

_______________________________

Joseph J. Pappacoda
954-560-2616

USFraudCases.com


The blog material on this page is provided for reference only, and it is not to be construed as legal advice in any fashion. For more information, please see the written DISCLAIMER.

 

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