Many public construction project fraud cases come to light as a result of whistleblowers filing civil lawsuits. The False Claims Act allows individuals who are suing fraudulent companies to keep 30% of the money the government recovers. This can result in millions of dollars, creating huge financial incentives for people to bring forth Qui Tam cases where fraud is suspected. False Claims Acts have a much lower standard of proof, as a result they are much harder to defend. Defendants who are accused of wrongdoing, can also face criminal acts.
Both you, and your business, face huge troubles if there are allegations of public construction fraud. Raiser & Kenniff, PC, is a New York criminal defense law firm who has experience handling complex cases like this. We encourage you to call us, and get a risk free consultation. You, and your business, could face immense legal problems if allegations of public construction fraud are made and successfully proven.
Public construction fraud refers to making false statements in connection with government contracts in order to perform public works. The fraud typically arises in the procurement and bidding process, in the performance of the contract, and/or in the certification of compliance in the contract terms. Fraud can take many forms, including: bid rigging, kickbacks, using cheaper materials than the contract requires, cross-charging multiple government contracts, payroll compliance fraud, falsifying costs, and much more. Anyone involved in submitting false claims or documents, can be charged with a crime and face civil lawsuits.
Defendants of public construction fraud can face multi-count indictments and can be charged for each instance of fraud done. There are criminal penalties which can be imposed for making false claims, for false certifications of documents, for kickbacks, for bribery, and other behaviors which would be deemed as fraud. The prosecutor will attempt to prove fraudulent behavior above and beyond a reasonable doubt. If he, or she, is able to do so, then you could face a long prison term.
False Claims Act Penalties also include civil penalties, which are very severe. You could also face mandatory triple damages as a penalty under the FCA, which means you will pay 3 times the money which was obtained through the fraud. In addition, mandatory penalties for each false claim means a total of up to $11,000 per incident. These consequences can put your company out of business.
Raiser & Kenniff, PC, understands laws associated with public projects, government bidding and contracts. We can help defend you against both civil and criminal cases that arise out of allegations of fraud. We’ll work to dismiss the case against you, and if possible, reduce or avoid the consequences of both the civil and criminal cases filed against you.
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