Wisconsin Walks Away From State FCA

The right to file on behalf of your government and thereby fight fraud is a precious one. Too bad nobody in the mainstream media seems to care.

Why do I say this?

Well, Wisconsin had a State False Claims Act. Maybe it wasn’t the most important law in the country, but it did provide the basis for initiating a False Claim case if somebody defrauded medical assistance programs in Wisconsin.

I’m indebted to the good people of Taxpayers Against Fraud who first alerted practitioners that the law could get cut in the middle of the night under the Wisconsin Budget Act. It did.

Nola Hitchcock Cross, a lawyer whom I have not had the pleasure of meeting, is from Wisconsin and practices in this area. She is quoted as being properly incensed in the Milwaukee Journal, where she states, “It’s just shortsighted and dumb. It’s telling Wisconsin that we are not going to collect this money.”

She’s correct on all counts.

So the law is gone, I guess. Hard to believe a worthy law can just go *poof!* and disappear into the Wisconsin night.

Now, you may ask why I’m mad at the media.

Scott Walker, who has been described as a “fighter” and a fiscal conservative, is running for President. He announced his candidacy even as the Wisconsin budget was signed into law.  His announcement got plenty of coverage, but nobody seemed to ask about the Wisconsin False Claims Act.

So why is nobody asking the fiscal conservative/fighter running for President why he won’t fight for the taxpayers of his home state?

Where is the media to ask Mr. Walker why he is on the side of fraud committed against Wisconsin? Why hasn’t he had to account for the lost revenue his state may now suffer since it will not be able to collect as easily in nationwide Medicare/Medicaid false claims Actions?

Look, maybe Governor Walker is really unaware that the legislature just created a free pass for fraud in his state. Maybe if somebody asks him about it he’ll look into it and fix it…okay, I doubt it—but there should be a price to pay for deciding to protect the people who rip off your state.

Nobody is even asking governor Walker to state publically what happened here and why.

He’s a fighter apparently. He’s a fiscal conservative apparently.  These are important qualifications for President, many would argue.  I’d like to know if he is also a supporter of Fraud committed against the government. At least this legislation would make it appear that he is. If he isn’t, then why doesn’t he act not only to re-instate the Wisconsin Law, but also to make it work to allow for False Claims Act claims no matter what government program is at stake?

If you are opposed to such legislation, you support letting those who commit fraud get away with it.

There.  Now the reporters and debate moderators who grill Presidential candidates have a few pointed questions to ask.


* Tony Munter discusses the False Claims Act in Wisconsin. He is not, however, licensed to practice in the jurisdiction of Wisconsin. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.