Whistleblowers and Federal False Claims Act
The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government’s primary litigation tool in combating fraud against the Government. The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government (informally called "whistleblowing" especially when the relator is employed by the organization accused in the suit). Persons filing under the Act stand to receive a portion (usually about 15–25 percent) of any recovered damages. As of 2012, over 70 percent of all federal Government FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from qui tam cases brought by relators.
Download- Format
- 7 part video, duration of 01:02:43.
- Production Date
- 3/4/2016
- Tags
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fraud
government
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James A. Tate
James A. Tate served as the Editor-in-Chief of the University of Cincinnati Law Review for 2008–2009, and as an Articles Editor on the Human Rights Quarterly, 2007–2008. While in school, James also founded the U.C. Law student chapter of the ACLU, and worked as an extern for United States Senior District Judge Herman J. Weber of the Southern District of Ohio.
Mr. Tate is a 2009 recipient of the James B. Helmer, Jr. University of Cincinnati Law Review Prize as the most valuable member of the Cincinnati Law Review. In 2008 he authored “Eliminating the Nexus Obstacle to the Prosecution of International Drug Traffickers on the High Seas” which was published in the Cincinnati Law Review, 77 U. Cin. L. Rev. 267 (2008). He is a barrister member of the Potter Stewart Inn of Court.
Mr. Tate has second chaired a False Claims Act case which recovered $25 million for the taxpayers and a major products liability case against a foreign manufacturer.
Recognitions
- Firm listed in U.S. News Best Lawyers “Best Law Firms” 2011-2013 under categories of Commercial Litigation, Employment Law (Individuals), and Litigation (Eminent Domain & Condemnation)
- 2009 recipient of the James B. Helmer, Jr. University of Cincinnati Law Review Prize as the most valuable member of the Cincinnati Law
Representative Cases
- United States ex rel. Magee v. Lockheed Martin Corp. (S.D. Miss.)(Navy Supercomputers)
- Herschel Moore v. Sterling Enterprises, Inc., et al. (Gallatin Co. Cir. Ct. Ky.)(Personal Injury)
- United States ex rel. Pogue v. American Health Corp., (M.D. Tenn., D.D.C., 6th Cir.)(Kickbacks)
- U.S. ex rel. Yarberry v. Sears and Kmart (S.D. Ill.)(Medicare Fraud)
Erin M. Campbell
Erin M. Campbell represents clients in federal False Claims Act cases, personal injury actions, and other tort and contract matters. She has been practicing with the firm since 2005. She especially enjoys the investigatory and trial aspects of her practice.
Erin M. Campbell has written for several publications. The article, The False Claims Act: Protecting Your Client When Amending a Sealed Complaint, with co-authors Jonathan Kroner, Jennifer McIntosh, and Shankar Ramamurthy, appeared in the ABA Business Torts Litigation Journal (March 3, 2014). With James B. Helmer, Jr., she co-authored the article Alternative Remedies Under the False Claims Act which appeared in 40 False Claims Act and Qui Tam Quarterly Review 113 (2006). She is also the author of the post, Why Not Protect Our Elderly, Our Pensioners, and Our State Treasury? The Case for an Ohio False Claims Act, which was published on the University of Cincinnati Law Review’s blog on March 18, 2013. She has contributed to the fifth and sixth editions of Mr. Helmer’s treatise, False Claims Act: Whistleblower Litigation.
While in law school, Erin M. Campbell served as a legal extern with the Clermont County Public Defender’s Office and as a judicial extern with retired United States Magistrate Judge Timothy S. Hogan.
She is admitted in Ohio and other courts including the Sixth Circuit and the United States Supreme Court. She is a member of the Potter Stewart American Inn of Court. In 2010, Erin M. Campbell was selected as a Rising Star Superlawyer by Law & Politics magazine.
Ms. Campbell has played a pivotal research, writing and discovery role in cases involving more than $1 Billion.
Recognitions
- Firm listed in U.S. News Best Lawyers “Best Law Firms” 2011-2013 under categories of Commercial Litigation, Employment Law (Individuals), and Litigation (Eminent Domain & Condemnation)
- Ohio Rising Star Superlawyer by Law & Politics magazine in 2010
Representative Cases
- United States ex re. Sanders v. Allison Engine Co. (S.D. Ohio, 6th Cir., U.S. S. Ct.) – Navy Destroyer
- Cundall v. U.S. Bank (Ham. Co., 1st District, Ohio S. Ct.) – Trust
- United States ex re. Dekort v. Integrated Coast Guard Sys., LLC. (N.D. Tex., 5th Cir.) – Coast Guard Patrol Boats
- Shell v. Ward (Ham. Co., 1st District) – Attorney Malpractice
- Melvin Jones, et al. v. Process Machinery, Inc., et al. (Boone Co. Cir. Ct., Ky.) – Personal Injury
- Clark, et al. v. W&M Kraft, Inc., et al. (S.D. Ohio) – Personal Injury