False Claims Acts Among States

Serving Clients Nationwide

There is a growing trend among states to pass their own False Claims Acts. In fact, some state Attorney Generals Offices, particularly California, have been very aggressive in utilizing state False Claims Act statutes to recover funds.

State False Claims Act Considerations

The existence of these state statutes raise several important issues which must be analyzed by your attorneys when deciding where to file your claim:

• Fraud may apply to state or municipal funds but not to federal funds. In these cases, you may have a valid qui tam claim under your applicable state statute, but you may not have a claim under the federal False Claims Act.
• Fraud may apply to both federal and state funds. In these cases, you may be entitled to recover under both the federal False Claims Act and the applicable state False Claims Act. This is common in cases involving Medicaid fraud. Since Medicaid is funded by both the federal and state governments, claims regarding Medicaid fraud schemes may be brought in both federal and state court.

Pursuing applicable state claims as well as federal claims can provide an important means of recovery. By leveraging both federal and state statutes, you may be able to substantially increase the amount of your whistleblower reward.

What if My State Does Not Have a False Claims Act?

Even if your state does not have a False Claims Act, you should ask your lawyer about the possibility of other state False Claims Acts applying to your particular case. Fraudulent schemes committed against the government are often perpetrated throughout multiple states. Therefore, it may be possible to file a qui tam claim in another state with a statute that applies to your case. The skillful navigation of state False Claims Act statutes can considerably increase your reward.

Since state False Claims Acts are not identical, it is important to work with an attorney familiar with the various state statutes. The following link will provide you with information regarding states which have enacted False Claims Act statutes.

Experienced Qui Tam Representation

The attorneys at Kenney & McCafferty have more than 15 years of experience handling a wide variety of qui tam cases. The majority of our lawyers focus exclusively on this area of law, and over the years, we have developed a track record of success in qui tam work.

We have been involved in several high profile qui tam cases resulting in over $1 billion in recovered funds for the government. Our lawyers served as lead counsel in the largest recovery in the history of the False Claims Act. This experience has enabled us to earn multimillion dollar rewards for many of our clients.

Our lawyers have a strong understanding of both federal and state False Claims Act statutes, and we can ensure that you file claims in all appropriate venues.

If you have knowledge of a fraud or false claim against the government, please contact our qui tam lawyers today. Kenney & McCafferty attorneys will consult with you about your case, without obligation. All communications with Kenney & McCafferty attorneys during these consultation services are confidential and protected by the attorney-client privilege.