Program Fraud Civil Remedies Act (31 U.S.C. §§ 3801 –3812) --

- o federal Program Fraud and Civil Remedies Act (PFCRA) creates administrative o federal Program Fraud and Civil Remedies Act (PFCRA) creates administrative remedies for making false claims and false statements. These penalties are separate from and in addition to any liability that may be imposed under the Federal False Claims Act. Current civil penalties are $5,500 for each false claim or statement, and an assessment in lieu of damages sustained by the federal government of up to double damages for each false claim for which the Government makes a payment. The amount of the false claims penalty is to be adjusted periodically for inflation in accordance with a federal formula.
- o PFCRA imposes liability on people or entities who file a claim that they know o PFCRA imposes liability on people or entities who file a claim that they know or have reason to know:
- a) Is false, fictitious, or fraudulent;
- b) Includes or is supported by any written statement that contains false, fictitious, or fraudulent information;
- c) Includes or is supported by a written statement that omits a material fact, which causes the statement to be false, fictitious, or fraudulent, and the person or entity submitting the statement has a duty to include the omitted fact; or
- d) Is for payment for property or services not provided as claimed.

e) An individual can bring suit for a legal wrong that cost the government money, i.e. Medicare fraud is discovered and the individual discovering fraud can sue the person that committed the fraud even though the government lost money, not the individual suing. The individual filing the action will receive a percentage of the monies recovered.

- n Whistleblower Protections

Anyone initiating a whistleblower case may not be discriminated or retaliated against in any manner by their employer. The employee is authorized under the False Claims Act to initiate court proceedings to make themselves whole for any job related losses which resulted from any such discrimination or retaliation.

- o Employee Protection Act, “Whistleblower Act” (N.J.S.A. 34:19-4) o Employee Protection Act, “Whistleblower Act” (N.J.S.A. 34:19-4)

New Jersey law prohibits an employer from taking any retaliatory action against an employee because the employee does any of the following: a. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation issued under the law by the employer or another employer, with whom there is a business relationship, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into quality of patient care; or, provides information involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity. d. Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception or misrepresentation which the employee reasonably believes may

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