Oct 11, 2019 by |

California and San Francisco Whistleblower Attorney: California False Claims Act

ATTORNEY NEWSLETTER

State Rewards and Protections for Whistleblowers

California False Claims Act

Most States, including California, have false claims statutes modelled after the federal False Claims Act meant to pursue companies that submit false claims to State governments. Like the federal law, State statutes reward whistleblowers when States recover money.  In our State, the California False Claims Act (CFCA), Calif. Government Code § 12650 et seq., rewards whistleblowers who present credible, original information of false claims made to the State of California for payments and reimbursements.[1]The California whistleblower attorneys at Evans Law Firm, Inc. represent whistleblowers in federal and CFCA cases.  If you have credible information for a false claims whistleblower case or any other whistleblower case in California, call us today at (415)441-8669 and we can help. We also handle whistleblower cases before the Internal Revenue Service (IRS) regarding tax avoidance schemes and before the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) in securities and investment fraud cases.

At the federal level, the current administration’s Department of Justice has signaled a pull back on federal False Claims Act cases.[2]  States, on the other hand, are showing no signs of retreating on false claims cases.  In particular, the California Attorney General remains dedicated to enforcement of CFCA and protecting the State of California against fraud and other financial misconduct. Cases brought under CFCA include overbilling the State on construction projects, overcharging the State for medical services and prescription drugs under Medi-Cal, charter schools over-reporting enrollment to collect additional funds, and financial institutions filing false reports with state agencies. Some cases may include false claims made to both federal and State agencies and we can prosecute both types of claims.

In California, a whistleblower’s lawsuit is filed under seal to permit the Attorney General or local prosecuting attorney to investigate and intervene in the action. The California False Claims Act is a complex statute, and persons who are interested in bringing a whistleblower/qui tam action are encouraged to consult with a qualified attorney. To be eligible for a reward, whistleblowers must follow specific filing and reporting rules found in the CFCA.  That is where the California whistleblower attorneys at Evans Law Firm can help.  Our attorneys know the appropriate procedures for your type of allegation and know how to organize and present your credible, original information and documentation in the most effective way. 

Finally, the CFCA also protects you from retaliation by your employer for blowing the whistle on fraud. If you are fired because you brought any fraud to light, you can fight back. You may be entitled to sue your employer and seek double back pay (with interest), reinstatement, reasonable attorneys’ fees, and reimbursement for certain costs in connection with the litigation.  Calif. Government Code § 12653. Our California whistleblower attorneys can represent you in any action for retaliation as well as represent you in your underlying whistleblower suit.

Contact Us

If you or a loved one has information regarding false claims, offshore tax avoidance schemes against the IRS, or securities fraud in violation of SEC and CFTC regulations, contact Ingrid M. Evans and the other California whistleblower and false claims attorneys at Evans Law Firm at (415) 441-8669, or by email at info@evanslaw.com. Our attorneys have experience with complex financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement.  We also handle cases involving physical and financial elder abuse, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.

[1] Awards can be as high as 33 percent of the amount the State recovers if the State intervenes in the case and as much as 50 percent of the amount recovered if the State does not intervene and the private whistleblower nevertheless secures a recovery for the State. Calif. Government Code § 12652(g).

[2] See our recent blog on one such case at https://www.evanslaw.com/san-francisco-and-california-whistleblower-qui-tam-attorney-false-claims-act-cases/

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