Contents
Contents
False Claims Act government property provisions reach knowing short deliveries, fraudulent receipt certifications, and knowing purchases from government sellers who lack authority to sell. You may know who controlled the goods, what actually arrived and who signed for them. That knowledge matters even when the fraud begins somewhere other than the bill.
The False Claims Act reaches fraud involving government goods as well as bills. Its property provisions follow the person controlling a delivery, the person authorized to certify receipt, and the buyer dealing with a government seller who lacks authority to sell.
Inside a business, those may be different people with different knowledge. Someone directing a shipment may know why it came up short. Someone handling a receipt may know why it said the goods arrived. Someone arranging a purchase may know the seller had no right to make it. We connect that inside knowledge to the transaction it explains.
A contractor that holds money or property for government use and knowingly delivers less than all of it violates the False Claims Act, as does someone who knowingly directs that short delivery. The rule reaches the decision behind the shipment as well as the person moving the goods.
An insider may know what the business held, what it transferred and who ordered the difference. We examine that account alongside the inventory and delivery records. Deliberately looking the other way or recklessly disregarding the truth also counts under the law’s knowledge standard.
The government-property delivery provision no longer depends on the amount stated in a certificate or receipt. The Congressional Research Service explained the change in its 2009 report Qui Tam: The False Claims Act and Related Federal Statutes:
The 2009 Act streamlined this section, eliminating the receipt requirement and substituting a knowledge element for one that once insisted on willful concealment or an intent to defraud.
Qui Tam: The False Claims Act and Related Federal Statutes, Congressional Research Service, 2009
The short delivery itself is the focus. The separate false-receipt provision concerns the person certifying what arrived.
The false-receipt provision reaches a person authorized to certify receipt of property for government use who, intending to cheat the government, makes or delivers the receipt without fully knowing its information is true. The purpose behind issuing the receipt matters here, alongside what the signer knew.
The paper tells us what the government was told. The insider may explain why that account was chosen. A person who knows how the receipt came to be written may understand a decision that the document alone cannot explain.
We work with you on the connection between the receipt and the decision behind it, the kind of evidence a government investigation needs to see. Your knowledge of the people and the transaction gives that paper its context.
The unauthorized-purchase provision reaches someone who knowingly buys public property from a government officer, employee or member of the Armed Forces who cannot legally sell it. It also covers knowingly accepting that property as security for a debt from someone who cannot legally pledge it.
That brings the lender or other recipient into view alongside a buyer. Public property can change hands as security even when no purchase price changes hands. The government seller’s role and authority matter in either transaction.
Physical access to the goods is one thing. Authority to sell them is another. We examine the transaction with the person who understands how it happened, including what the buyer knew about the seller’s authority. If your work gives you visibility into ownership, custody or disposal decisions, you may know why the paperwork tells only part of the story.
Reverse false claims concern knowingly and improperly avoiding an obligation to pay or transfer money or property to the government. The short-delivery provision starts with property or money already in someone’s possession, custody or control for government use. One follows an obligation owed to the government; the other follows what someone holds and delivers.
We work through that distinction with you, along with any false receipt or unauthorized purchase. If you are considering reporting fraud involving government property, your knowledge of how the transaction worked is our starting point. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
If you know why a delivery came up short, a receipt misstated what arrived or public property changed hands without authority, speak with our whistleblower experts about that transaction. We work beside you to build your strongest whistleblower case around the goods, the documents and the decisions you understand. We bring in government-contract fraud whistleblower lawyers who understand property and procurement disputes, and remain your partners through the case.