Department of Justice

Resources for information about fraud

Fraud is defined as any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage. Fraud can be committed through many methods, including mail, wire, telephone, written instruments, and the Internet. State and federal statutes criminalize fraud, but not all cases rise to the level of criminality. Prosecutors have the discretion in determining which cases to pursue. Victims may also seek redress in civil court. Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) false statement of a material fact, (2) knowledge by the defendant that the statement is untrue, (3) intent by the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.

Below are several Web sites that provide information about various types of fraud, including tips for protecting yourself and filing formal complaints.

July 25th, 2010|Educational Series, Fraud|

What is a qui tam lawsuit?

A qui tam is a provision of the Federal False Claims Act that allows private citizens, also known as whistleblowers or relators, to bring a lawsuit in the name of the U.S. Government against entities or persons suspected of fraud in the use of government funds. The qui tam plaintiff, if successful in the suit, is entitled to a percentage of the funds recouped by the government, which generally is between 15 to 30% of the recovered amount. Qui tam verdicts and settlements can reach into billions of dollars. In the fiscal year ending September 30, 2009, the Justice Department recovered $2.4 billion in false claims cases, and posted total recoveries of more than $24 billion since 1986.

July 9th, 2010|Educational Series, Legislation|

What laws require or influence background screening of volunteers?

Whether a volunteer is required by law to submit to a background check depends on the type of organization for which the volunteer work is performed. Several state and federal laws regulate health and public safety organizations, some of which require screening of both employees and volunteers. There are also other laws that provide protection to at-risk populations, especially children. One such law allows the public to access information about convicted sex offenders. For more information and a link to state sex offender registries, see the U.S. Department of Justice’s Child Exploitation and Obscenity Section at http://www.usdoj.gov/criminal/ceos/index.html.

The laws that facilitate an organization’s screening of volunteers are the Volunteers for Children Act of 1998 (VCA) Public Law 105-251, which amended the National Child Protection Act of 1993 (NCPA), 42 USC § 5119(a) a.k.a. “Oprah’s Law” allowing volunteer organizations to access federal criminal records, and the Fair Credit Reporting Act (FCRA), 15 USC §1681, if a background check is performed by a third-party background screening firm.

June 30th, 2010|Educational Series, Legislation|