Is the FCA Anti-Business?

The misconception that the FCA is anti-business is a huge smear against the practice of whistleblowers coming forward and counsel supporting them. In actuality, the False Claims Act is pro-business.

The vast majority of businesses who work for the government and who contract with the government, do so in good faith to attempt to provide the government with goods and services. Whistleblowers understand this and use their voices to call out this injustice. If you wish to come forward with a whistleblowing claim, consult a knowledgeable False Claims Act attorney today and know that you are in capable hands.

Creating a Level Playing Field For Businesses

It is common knowledge that U.S. businesses just want a level playing field in order to compete against businesses abroad. Here at home, with so much business being done on behalf of the federal and state governments, it is hard to understand how businesses could possibly be against the law that does the most of any law to level the playing field and make sure that businesses cannot cheat the government, cheat the taxpayers, and cheat other businesses, out of legitimate work for the government. There are individuals that are just trying to make a decent living or legitimate profit for having done legitimate work for the government. How are legitimate businesses supposed to compete if contractors and the government providers are allowed to defraud the government?

It is not possible for the company that wants to do the right thing to compete against the company that willingly defrauds the government successfully. It is just too much of an unfair competitive advantage. Saying the False Claims Act is anti-business is a smear against all the legitimate businesses that do work for the government and provide real value for their work. The False Claims Act is a pro-business law. If government contractors compete and win the business fairly, those will be stronger companies and they can compete with anybody, anywhere.

Myth That the Government Does Not Care About the False Claims Act

Another misconception about the FCA (besides the misconception that the FCA is anti-business) is that the government does not care about the False Claims Act. By and large, government lawyers take the allegations brought to them in a False Claims Act case extremely seriously and do their best to determine the merits of the case. A False Claims Act case cannot be filed when everything is known about it. There is always going to be more information that the government can obtain about the case that can be known when initially filing charges.

Government officials do want to succeed in bringing cases, especially when they see the merits of the cases, which indicate that the government has, in fact, been defrauded. The lawyers who practice in this area do so because they care about the underlying problem. It is important to understand that government lawyers and investigators represent the government’s interest. While the goal would be for the government’s interest and the whistleblower’s interest to align at all times, there are occasions when that is not always true.

Real Party in Interest

These are complicated matters involving overlapping claims. Government lawyers work for the government—the so-called real party in interest in these cases—and not for the individual whistleblower. Many people may have heard horror stories of how the government has mistreated a case or an individual whistleblower. Those stories have fueled a perception all too common that the government does not care about the allegations in false claims act cases. There are real constraints on the law, on what kinds of cases may work, in particular on the way agencies run their contracting businesses. However, the attorneys and investigators presented with serious allegations treat them seriously.

Value of an Act Attorney

Whether they are dispelling the misconception that the FCA is anti-business or answering questions about the role of a relator in a whistleblower case, you can be sure that FCA attorneys have your best interests in mind. A skilled qui tam attorney could evaluate your claim, help you file said claim and could work diligently to assure that your voice is heard and that your rights are protected. Consult a seasoned DC lawyer today and know that you are in good hands.