WHO IS LIABLE?
Virtually anyone who receives money from the Commonwealth, pays money to the Commonwealth, or helps someone else get money from the Commonwealth, can engage in conduct which would make them liable for a violation of the Massachusetts False Claims Act.
Common examples of violators, who can be liable, include the following:
Individuals and Businesses: Virtually any individual or business who does business with the Government, sells something to the Commonwealth, or any agency or branch thereof, can be a defendant in a qui tam action.
Government Contractors and Subcontractors: Anyone who contracts to provide services or goods to the Commonwealth can be a defendant for a vast array of qui tam claims.
Medical Providers: Doctors, hospitals, HMO’s and clinics are often defendants in qui tam actions, for medicaid/medicare fraud and a wide range of fraudulent billing practices which can range from charging for services not performed, to performing services which were unnecessary.
Local Government Agencies and Officials: Because they are recipients of large amounts of government money, local government entities can be defendants in qui tam actions.
Private Universities: Private universities and colleges have been charged as defendants in qui tam actions that involve their handling of grants and research and development money.
Activities which constitute a violation under the Massachusetts False Claims Act include the following:
(a) knowingly presenting, or causing to be presented, to the Commonwealth a false or fraudulent claim for payment;
(b) knowingly using, or causing to be used, a false record or statement to get a claim paid by the Commonwealth;
(c) conspiring with others to get a false or fraudulent claim paid by the Commonwealth;
(d) knowingly using, or causing to be used, a false record or statement to conceal, avoid or decrease an obligation to pay money or transmit money to the Commonwealth.
To obtain more information, contact:
Andrew J. Campanelli
Campanelli & Associates, P.C.
623 Stewart Avenue
Suite 203
Garden City, NY 11530
(516) 746-1600
