Whistleblower, False Claims Act & Qui Tam Information

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by The Law Offices of Jason S. Coomer, PLLC

Federal Government Contractors Can Be Held Liable Under The Federal False Claims Act For Failing To Properly Inspect Products and for Falsely Certifying Defective Products From Subcontractors by Federal Contractor Whistleblower Lawyer Jason S. Coomer

Federal government contractors that falsely certify defective products made by their subcontractors can be held liable under the Federal False Claims Act. These defective products can include electronic components that are used in aircraft, military weapons systems, computers, and medical equipment as well as pharmaceutical ingredients that are used in drugs and medical supplies.  Employees of government contractors and subcontractors as well as competing government contractors are encouraged to expose false certifications and defective products through whistleblower reward laws.  These rewards are granted to the first to properly expose false certifications.

By contacting a Federal Contractor Whistleblower Lawyer, a potential whistleblower can confidentially have a potential whistleblower reward lawsuit reviewed to determine if the case may be valid and worth pursuing.  For more information on seeking a whistleblower reward for exposing a fraudulent government contractor or subcontractor, please read below or feel free to send an e-mail message to Federal Contractor Whistleblower Lawyer Jason S. Coomer.

Federal Acquisition Regulation Requires Government Contractor to Self Report Certain Crimes and Violations of the Federal False Claims Act Committed By Employees and Subcontractors

The Federal Acquisition Regulation was amended (effective December 12,2008) to require Government contractors to self report to the Government certain crimes and violations of the Federal False Claims Act committed by their employees and subcontractors.  A government contractor's failure to do so can be the basis for a ban from contracting with the Federal government. Moreover, the Federal government is now keeping score on federal government contractors and has created a database entitled the Federal Awardee Performance and Integrity Information System (FAPIIS).

For more information on the Federal Acquisition Regulation (FAR), please go to the following web page: Federal Acquisition Regulation (FAR).

Supply Chain Fraud Can Result In Defective Products and False Certifications Made By Large Government Contractors

In many situations, large corporations and government contractors will use sub-contractors and sub-suppliers to produce component parts and ingredients for products.  In some situations the government contractor will cross the line and contract with a sub-contractor that provides defective goods or does business with prohibited parties.  In both of these situations, the Federal Contractor may be held liable for violations of the Federal False Claims Action.

A prime example of defective products has occurred in military contracts, where military contractors have contracted with sub-contractors that have sold defective or counterfeit parts to the military contractor.  For more information on this type of supply chain fraud, please go to the following web page: Federal Government Contractor Supply Chain Fraud and Subcontractor Fraud Whistleblower Lawsuits.

Another example of defective products in the supply chain can occur when pharmaceutical suppliers of raw materials including active pharmaceutical ingredients (APIs), intermediates, and excipients provide contaminated or adulterated products to a large drug company and the drug company uses these adulterated ingredients that are purchased through Medicare, Medicaid, the VA or other government health program.

It is the United States Food and Drug Administration's expectation that current good manufacturing practices (CGMP) be used for the manufacturing, processing, packing, or holding (i.e., storage) of active pharmaceutical ingredients (APIs), intermediates, and excipients. Further, the FDA recommends that laboratory controls should include the establishment of scientifically sound and appropriate specifications, standards, sampling plans, and test procedures to ensure that raw materials, intermediates, APIs, and containers conform to established standards of quality and purity.  As such, it is the responsibility of the drug company to verify that the manufacture of the drugs including their ingredients are in compliance.

For more information on supply chain fraud in the drug industry, please go to the following web page: Pharmaceutical Supply Chain Fraud and Adulterated Drug Whistleblower Lawsuits.

Federal Government Contractor Procurement Fraud Whistleblower Lawsuit Information

There are several forms of Federal Government Procurement Fraud including when federal government contractors and subcontractors defraud the government by providing defective goods, cross charging, making false certification of services provided, charging for services not provided, charging for goods not provided, violating the Truth-in-Negotiations Act ("TINA"), and making improper cost allocations. For more information on other forms of federal government contractor procurement fraud, please go to the following web page: Federal Government Contractor Procurement Fraud Whistleblower Lawsuit Information.

Federal Government Spending, Federal Government Contracting, and Federal Government Contractor Information

The Office of Management and Budget has created OMB Watch which "exists to increase government transparency and accountability; to ensure sound, equitable regulatory and budgetary processes and policies; and to protect and promote active citizen participation in our democracy."  OMB Watch envisions "a more just and democratic society, one in which an open, responsive government protects people's health, safety, and well-being, safeguards the environment, honors the public's right to information, values an engaged and effective citizenry, and adequately invests in the common good."   For more information on OMB Watch and Federal government spending, please go to the following web site: Fedspending.org

WIFCON.com serves "the federal acquisition community by providing quick access to acquisition information such as contracting laws and pending legislation, current and proposed regulations, guidance, courts and boards of contract appeals, bid protest decisions, contracting newsletters, and selected analysis of federal acquisition issues."  For more information on Federal Government Contracting, please go to the following web site, WIFCON.com.- Where in Federal Contracting?

Federal Business Opportunities is also an excellent web site for information on Federal Government Contractors and Contracting.  For more information on Federal Government Contracting, please go to the following web site, Federal Business Opportunities.

Fraudulent Government Contractor Whistleblower Recovery Claims, Qui Tam Whistleblower Reward Actions, and Qui Tam Whistleblower Compensation Lawsuits

Qui Tam Whistleblower Lawsuits are legal actions under the Federal False Claims Act.  Claims under the Federal False Claims Act have resulted in over $30 Billion being collected by the Federal Government and Billions of Dollars being collected by heroic whistleblowers that properly exposed fraud and were rewarded for their heroism in exposing fraud.

The Federal False Claims Act was used infrequently until 1986, but since then it has become the most efficient and effective tool that the government has for identifying fraud.   In 2009, the Federal False Claims Act was amended by the Federal Enforcement and Recovery Act (FERA) which expanded the reach of the Federal False Claims Act to include subcontractors working under a government contractor and other parties working with government contractors.  The Federal False Claims Act also expanded protections for employee whistleblowers. These expansions were designed to encourage whistleblowers seeking rewards to expose fraud and are expected to produce hundreds of billions of dollars in fraud detection, recoveries, and prevention.  Whistleblower rewards under this law are expected to dramatically increase as whistleblower rewards can be anywhere from 10% to 30% of the recoveries made from fraudulent contractors.  Please see below for more information on the size of and how to qualify for whistleblower rewards or feel free to send an e-mail message to Federal Government Contractor Fraud Whistleblower Recovery Lawyer Jason S. Coomer.

Blowing the Whistle on Those that Commit Fraud Against the United States Government, First to File Provisions of the Federal False Claims Act, and Preserving Relator Rights to Share in Recovery of Funds

If you are aware of a defense contractor, highway contractor, large health care company, or other large contractor or subcontractor that is defrauding the United States Government out of millions or billions of dollars, it is important to blow the whistle on the government contractor fraud.  By reporting the fraud you can save the government and taxpayers large amounts of money.  Further, if you are the first to file and blow the whistle correctly pursuant to the Federal False Claims Act, you may be able to share in the recovery.

For a confidential review of a potential federal government contractor fraud lawsuit, please feel free to contact Federal Government Contractor Fraud Whistleblower Lawyer Jason Coomer.

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