FCA Defendants’ Potential Motives & Personal Benefits Are Legally Irrelevant

The federal government brought a False Claims Act action against a civil employee of the U.S. Army, alleging that the employee was involved in a fraudulent scheme to pay a contractor and a subcontractor for work they did not perform. Seeking to dismiss the case, the employee argued that the government failed to show how he personally would have benefited from participating in the alleged scheme. In United States v. Albinson, 2010 WL 3258266 (D.N.J. Aug. 16, 2010), the court ruled that the government was not required to plead facts about the potential benefits the defendant would have received from the alleged scheme.

As evidenced by this case, people scheme the government for a variety of reasons. While the motives and benefits are not always readily apparent, the end of result is always the same—the American tax dollar is diverted from its intended purpose. Whistleblowers safeguard the public fisc by unmasking these frauds, irrespective of the defendants’ hidden motives.

For more information about qui tam law and health care fraud, contact Nolan & Auerbach, P.A.

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