WHO IS LIABLE?
Virtually any individual or business who does business with the Government, or sells something to the Government, can be a defendant under the New York State False Claims Act (FCA).
This includes anyone who does business with: (a) New York State, (b) any County, City, Town, Village or School District within the State, or (c) any Public or Municipal Corporation within the State (all of which are considered “the Government” under the law).
Claims may be filed against defendants including, but not limited to:
Government Contractors and Subcontractors: Anyone who contracts to provide services or goods to the Government can be a defendant for a vast array of claims.
Medical Providers: Doctors, hospitals, clinics and other providers of medical services, goods or equipment can be defendants in actions, for a wide range of fraudulent billing practices which can range from charging for goods or services not provided, to performing services which were unnecessary.
Others: Virtually anyone who receives money from the Government can engage in conduct which would give rise to a FCA violation. Activities which constitute a violation under the False Claims Act are:
(a) knowingly presenting, or causing to be presented, to any Government officer or employee, a false claim for payment or approval by the Government;
(b) knowingly making, using, or causing to be made or used, a false record or statement to get a false claim paid or approved by the Government;
(c) conspiring with others to get a false fraudulent claim allowed or paid by the Government;
(d) having of property or money used, or to be used, by the Government and concealing the property or money;
(e) while being authorized to make or deliver a document certifying receipt of property used, or to be used, directly or indirectly by the Government, and intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(f) knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the Government, knowing that such officer or employee lawfully may not sell or pledge the property;
(g) knowingly making, using, or causing to be made or used, a false record or statement to conceal, avoid or decrease, directly or indirectly, an obligation to pay or transmit money or property to the Government.