Useless or Defective Services Violations and the False Claims Act

Selling the government a useless or defective service has been found by the courts to constitute a False Claims Act violation. Whistleblower lawyer James T. Ratner has a experience in pursuing this type of qui tam case and recovering substantial awards for his clients.

Poor Quality Control

For the pharmaceutical industry, the FDA has developed guidelines for good manufacturing practices, which set requirements for the manufacturing, processing, and packing of drugs. Violations of these practices can give rise to qui tam actions, but the violation should be severe enough to make the resulting drug or product substantially less effective or safe.

Any time the government is sold defective materials under the false claim that the products are not substandard, then it is a violation of the False Claims Act. For example, if a company knowingly sells defective construction materials to the Federal Highway Administration for the repair of an interstate highway, then that company can be sued under the False Claims Act.

Flawed Services

Selling the government flawed services is also a violation under the False Claims Act. For example, if a human resources company was contracted to vet civilian employees before they were hired by the federal government and failed to perform adequate quality control of its background investigations, the HR firm could be sued under the False Claims Act.

For any case filed under the False Claims Act, the whistleblower should possess or be able to obtain documentation of the false claim to prove the case. Without this tangible evidence of the false claim, the case may not move forward.

If you have deep knowledge of any of the above frauds, please contact James T. Ratner or call (845) 688-5222 today for your case consultation with an experienced whistleblower lawyer, who serves clients in New York and throughout the nation.

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