North Carolina False Claims Act Attorney

North Carolina False Claims Act Lawyer

Being a victim of fraud, particularly large-scale fraud, can break you emotionally and lead to anger. Holding someone accountable can be a good way to pursue a sense of justice. If you are aware of fraud, reach out to a skilled North Carolina False Claims Act attorney at W. James Payne Law Firm to learn about your options.

What Exactly Is the North Carolina False Claims Act?

The North Carolina False Claims Act (NCFCA) is a statewide legal act that gives individuals the right to take legal action against other individuals, companies, or government entities who submit false claims to the state and engage in willful acts of fraudulent activity. The NCFCA is fairly similar to the Federal False Claims Act. One of the act’s biggest contributions to individuals is that it protects whistleblowers from enduring acts of retaliation. If you’re involved in such a case, it’s important to consult with a federal criminal defense lawyer to ensure your rights are protected and that you navigate the legal complexities effectively.

If someone engages in any of the following activities and you become aware of it, you can take legal action against them for violating the NCFCA:

• Knowingly making a false or fraudulent claim for financial gain
• Knowingly making or using a false record with the intent of using it for a fraudulent claim
• Conspiring to make a false or fraudulent claim
• Possessing state-owned funds or property but delivering less than all of the funds or property in question
• Making a delivery of a document certifying receipt of property that’s intended to be used by the state and intentionally delivering the receipt knowing that it contains incorrect information
• Buying or receiving public property from an employee of the state who is not legally allowed to sell that property

Statute of Limitations

If you learn about an incident of fraud being committed against the state of North Carolina, it is vital that you reach out to a lawyer and start the process of reporting that fraud. Under the NCFCA, you will not be punished for blowing the whistle about fraudulent activity. However, it is vital that you report the fraud before the statute of limitations on said activity runs out. Generally, you will have six years from the date of the violation to build a strong case.

During that time, you should reach out to a False Claims Act lawyer who can help you figure out your next steps, help you investigate the alleged fraud, put together a strong case to present to state officials, and even pursue a claim, which could end up being a certain percentage of the recovered funds depending on the situation at hand. Knowing about the intents that can be considered criminal acts in North Carolina can help you understand the seriousness of fraud and the necessary legal actions you can take at the right time.

What Does the NCFCA Do for Whistleblowers?

Above all, the North Carolina False Claims Act protects whistleblowers from retaliation by the state, but that is just one of several protections that the NCFCA offers those who are willing to come forward with knowledge of fraudulent activity being committed against the state. Here are some of the additional protections you may be afforded under the NCFCA:

• Anonymity: For a time, the act allows you a certain degree of anonymity. The act allows cases to be filed under seal, which means the defendant may not even be notified of an investigation into the fraudulent activity until the investigation has already concluded. This gives you time to get your affairs in order quietly before your name is revealed publicly if the investigation demands it.
• Financial Recovery: Depending on the case, you may be eligible to receive a certain degree of compensation as a reward for assisting with the case. If the court believes your assistance was invaluable and necessary, they may see fit to offer you a certain percentage of the proceeds of any settlement that is made as a result. There are no guarantees, and this may not always be the case.

FAQs

What Is the Burden of Proof for the False Claims Act?

The burden of proof for the North Carolina False Claims Act lies with the government, which is seeking to prove the defendant’s guilt in violating the NCFCA. The government must find the defendant guilty by a preponderance of the evidence, meaning that they must prove that the defendant’s guilt is the most likely scenario. They must also prove that the defendant acted within a certain knowledge standard.

Does North Carolina Have a False Claims Act?

Yes, North Carolina has a False Claims Act. The NCFCA makes it illegal for anybody in the state, including individuals, companies, and government entities, to engage in willful fraudulent activity against the state. If you ever uncover a situation of fraudulent activity being done against the state or federal government, you should contact a lawyer and see what your options are. The law protects whistleblowers from retaliatory actions, and you may be able to get compensation.

Who Can Take Legal Action Under the False Claims Act?

Anyone can take legal action under the False Claims Act, provided they have actionable evidence of fraudulent activity taking place against the state or federal government. Private citizens who pursue a case on behalf of the government are referred to as “relators,” and their legal case is referred to as a “qui tam” case. As long as someone has information that isn’t publicly known and they aren’t the original source, they can file a claim.

What Is the Most Common Type of False Claims Investigation?

Generally, the most common type of false claims investigation falls under healthcare fraud. These types of claims are often the result of healthcare entities attempting to overcharge or fraudulently bill patients and government entities. Since healthcare and pharmaceutical entities often make millions from government healthcare programs, identifying fraudulent activity in this world is often considered a top priority.

Contact Our Lawyers Team to Get Help with Your False Claims Act Case

If you have uncovered fraudulent activity against the government and want to pursue a case, you should reach out to a False Claims Act lawyer who can help you figure out your next steps. The legal team at W. James Payne Law Firm understands the complexities of this kind of case and can help you build a case of your own. Contact us to speak with a team member about how we can help.