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Qui Tam Case Study

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Qui Tam Act litigation under the federal False Claims Act
The False claim Act is the main Federal law that creates the legal basis for individuals or the Government to act against any company, organization or contractor who are benefiting from government grants, intentionally present a false or fraudulent, contains false or fraudulent or a false record or statement to get a false or fraudulent claim paid or approved by the Government. The provisions of the false claim, are the primary litigation instrument for the government to address the issues related to fraud and deceptions caused by illegal actions of any governmental fund beneficiaries such companies, universities, or organizations. In this regard, students who enrolled in varying …show more content…

Therefore, based on the FCA, the Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. In this regard the Government shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Furthermore in those circumstances when the government is willing to proceed with an action brought under3730(b), the Government may file its own complaint or amend the complaint of a person who has brought an action under section …show more content…

The attorney general cannot do that by himself since access on information on these schools, might be an obstacle. They might ask in an official way for those schools provides such data, however, the school employees or students who are directly affected by these fraud actions, will be willing to move forward and contribute to get those monies back to the Government as well as getting some benefits for themselves. In this regard, school employees who are aware of these data accuracy, and misreporting and fraud, can file a lawsuit under the false claim act and then the Government can take actions to support this form of litigation, in order to provide a better placement and the reward as it’s foreseen by the existing law (Whistleblower Protection). However the lawsuit can be filled also by students who are enrolled in different degree programs. The success of a future decision related to suing to change reporting practices (report retention and employment placement data accurately) and as a result might give them the right to get refunds on their tuition payments. In recent years there is evidence of so many successful “qui tam litigations”, therefore, as a conclusion, if students decide to move forward with a qui tam litigation might be the best way to address this fraud and in case of a successful profess of qui tam

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