The “Lincoln Law” is a nickname for the federal False Claims Act, a law enacted in 1863 to combat fraud against the federal government. Found at 31 U.S.C. sections 3729–3733, it addresses knowingly false claims for government payment and allows qualifying private individuals to bring certain lawsuits on the government’s behalf.
The False Claims Act can apply to knowingly false payment requests, false records material to those requests, and improper avoidance of obligations to pay the government. A billing mistake or contract dispute does not automatically establish liability.
A qualifying private person, called a relator, may file a qui tam lawsuit in the government’s name. The complaint must initially be filed under seal, with supporting information provided to the government. The government then evaluates whether to intervene. Reporting suspected fraud alone is not the same as filing a qui tam action.
Eligible relators may receive a share of a recovery, subject to statutory requirements and limitations. An award is not guaranteed. Section 3730(h) separately protects employees, contractors, and agents from retaliation for qualifying lawful efforts to pursue or stop False Claims Act violations.
Identify the federal funding or program, suspected false claims, relevant dates, and people involved. Preserve only records you are lawfully entitled to keep. An attorney can assess eligibility, evidence, filing deadlines, and confidentiality requirements.
Legal sources: U.S. Department of Justice: False Claims Act History and Overview and 31 U.S.C. Section 3730: Qui Tam Actions and Retaliation Protections.
Have information about suspected fraud involving federal funds? Matern Law Group can review your circumstances and explain your legal options.
At Matern Law Group, we are committed to protecting the rights of employees and consumers, including the right to report illegal or unethical activity without fear of retaliation or intimidation.
The term “Lincoln Law” often refers to the federal False Claims Act (FCA)
California’s take on the “Lincoln Law” is designed to encourage and protect individuals who report fraudulent activities against the state or local governments, ensuring public funds are safeguarded and used correctly.
It’s about empowering ordinary citizens to help keep the government honest and efficient.
Filing a Lincoln Lawsuit, or whistleblower lawsuit, starts with recognizing and gathering evidence of fraud against government funds or contracts. It’s essential to consult with a lawyer who specializes in such cases to assess your claim and understand the process. Your lawyer will then file a sealed complaint in court, detailing the fraud, which remains confidential while the government investigates.
Depending on whether the government decides to intervene, the case may either be led by them or proceed with you and your legal team at the helm. If the lawsuit leads to the recovery of government funds, you could receive a portion of the amount as a reward. Additionally, the law protects whistleblowers from retaliation for their actions. This process, while complex, is crucial for addressing fraud against the government and requires professional legal guidance throughout.
You deserve clear answers about your rights. Contact Matern Law Group to discuss your situation and explore your legal options.
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Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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