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The False Claims Act and The Impact on Nonprofits

 

Gain a better understanding of how the false claims act may impact your nonprofit.

Under Federal and State False Claims Acts, private whistleblowers bring 600 law suits each year which remain under Court Ordered seal while the Department of Justice and relevant federal and state agencies conduct investigations. Each year, a new crop of those suits are unsealed and each year some of those that have been investigated, and litigated, return billions of dollars to the federal and state treasuries.
Who can be liable under Federal and State False Claims Acts? Liability can be imposed on any person or entity that directly or indirectly does business with the government or is a beneficiary of government dollars. When imposing liability, the law does not distinguish between large publically traded for profit corporations and not-for-profit entities. Liability does not stop with the entity itself. Any individual or firm that works with not-for-profits and supplies or prepares documents that are submitted to the government in furtherance of funding face potential liability.
This topic is for those who seek to understand their exposure under the False Claims Acts and those individuals or entities that seek to pursue claims and benefit from the laws’ bounty provisions which can range between 15% and 30% of the recovery. Of course for those on the receiving end of a False Claims Act Case, liability can lead to the imposition of treble actual damages plus civil penalties for each false claim that can well exceed $11,000 per claim.