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COLORADO PASSES UPDATED FALSE CLAIMS ACT

6/10/2022

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False Claims Act in Colorado
As a firm that's worked with many whistleblowers and been responsible for developing numerous False Claims Act/Qui tam cases, we were happy to learn that the State of Colorado has finally updated the state's False Claims Act. Prior to this new law being passed, whistleblowers could only file a Qui tam if it involved State Medicaid funds. It never made sense to us that whistleblowers who knew about other potential False Claims cases, couldn't file in Colorado unless it involved fraudulent use of Medicaid funds and now that's been corrected.

Many of you may be wondering what a False Claims Act/Qui tam case is. It's actually been around since the Civil War and was originally known as the Lincoln Law. During the Civil War President Abraham Lincoln spearheaded a law, which became the False Claims Act, that said anyone who had information that the U.S. Government was being defrauded could bring a lawsuit on behalf of the United States. If the government clawed back any amount of monies from the fraudster, the whistleblower, also known as the Relator, would get a percentage of the recovery, normally 15 - 30%. Not a bad deal for doing the right thing and reporting fraud. This law was spurred on by unscrupulous business men selling lame horses and spoiled food to the Union army.

“The False Claims Act is the most successful anti-fraud law protecting taxpayers and preventing corruption in government programs,” said leading whistleblower attorney Stephen M. Kohn of Kohn, Kohn & Colapinto. “Colorado stands to generate billions in revenues by policing fraud in government sponsored programs, both by deterring violations and holding fraudsters accountable. The Colorado lawmakers who have made these improvements possible should be commended.”

The CFCA was cosponsored by Representative Matt Gray, Representative Mike Weissman, and Senator Faith Winter. The law enhances enforcement efforts against individuals and companies who fraudulently use taxpayer dollars. Types of frauds covered by the CFCA include the submission of false or fraudulent claims to state or local governments and the falsification of records material to false claims. The CFCA greatly expands the types of contracting frauds which whistleblowers may bring forth qui tam suits over.

The federal False Claims Act has been described as “the most powerful tool the American people have to protect the government from fraud.” Since the law was modernized in 1986, False Claims Act whistleblowers have allowed the government to recover over $70 billion. Correspondingly, False Claim Act whistleblowers have received over $8 billion.

If you have information of fraudulent activity involving state of Colorado funds, or U.S. funds for that matter, contact us and we can provide advice on what's the best way to handle your case. We have relationships with several top law firms in the country and can work with you to make sure your case is handled by a firm that has the best chance of getting the government to intervene in the case and take it to fruition.

Lee Walters
President
EXCALIBUR Private Investigation
Colorado Springs, Colorado
719.208.4088


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