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California Lincoln Law Lawyers

The Lincoln Law, or the False Claims Act, is a law that allows individuals to report and sue on behalf of the government if they know someone is fraudulently taking government money, offering rewards to whistleblowers if they help recover funds.
Whistleblower > Lincoln Law

What Is the Lincoln Law?

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.

What Conduct Can the Law Address?

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.

Examples of Potential False Claims Act Violations

  • Healthcare billing fraud: A provider knowingly bills Medicare for services that were never performed.
  • Inflated contractor invoices: A contractor knowingly bills a federal agency for labor hours or supplies it did not provide.
  • False payment certifications: A company knowingly makes materially false statements to obtain government payment.
  • Improperly retained funds: A business knowingly and improperly avoids an established obligation to repay the government.

How Can a Whistleblower Bring a Case?

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.

Are Whistleblower Awards or Retaliation Protections Available?

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.

What Information May Help Evaluate a Claim?

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.

Request a Free Case Review

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.

What’s the Lincoln Law?

The term “Lincoln Law” often refers to the federal False Claims Act (FCA)

  • What It Is: California’s version of the Lincoln Law is a set of rules that aim to prevent fraud against the state or local governments. It’s like a shield that protects the government’s money from being wrongly taken or used.
  • The Role of Everyday People: One of the unique things about this law is that it allows regular people, not just government officials, to act if they know about someone trying to cheat the government financially. This could be anyone who notices fraudulent activities, like a company billing the government for work that wasn’t done or for products never delivered.
  • Encouraging Whistleblowers: If you’re brave enough to speak up about such fraud, the law doesn’t just say “thank you” and move on. Instead, it offers you a piece of the action. If the government manages to recover money because of the fraud you reported, you could receive a portion of that money as a reward.
  • Wide-Ranging Protection: The law isn’t just about one type of fraud; it covers all sorts of wrongful actions that result in financial loss to the government. This could include overcharging for services, claiming payment for goods not provided, or any other scheme where the government ends up paying out money it shouldn’t.
  • Safety Net for Whistleblowers: Speaking out against fraud, especially if it involves your employer or a powerful company, can be risky. But this law has your back. It includes protections for whistleblowers, meaning you can’t be legally fired, harassed, or demoted for stepping up. If you face such retaliation, the law provides ways for you to seek justice and compensation.

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.

Finling a Lincoln Law Lawsuit

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.

Get a Free Consulatation

You deserve clear answers about your rights. Contact Matern Law Group to discuss your situation and explore your legal options.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

The FCA
The False Claims Act is a U.S. law that allows the government to impose liability on individuals and companies who defraud governmental programs.
Whistleblowing
California whistleblower protection laws prohibit employers from retaliating against workers who come forward to report suspected violations of laws, regulations, and public policy.

Is It Illegal, or Just Unfair?

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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