Reporting Fraud Under the New Mexico False Claims
Similar to the Delaware False Claims Act, under the
New Mexico False Claims Act states that if the government declines
to take over a qui tam action, the party bringing the
action shall have the right to conduct the action if the New Mexico
Department of Human Services determines that there is substantial
evidence that the violation has occurred. N.M.
New Mexico Qui Tam Action
Again here, in cases where the government declines to
intervene, defendants may argue on a motion to dismiss that the
whistleblower's claim has not met the prerequisites to pursue a qui tam case under the New Mexico
False Claims Act because New Mexico has not issued a written
"substantial evidence determination" allowing him/her to proceed on
behalf of the state. However, the whistleblower and New
Mexico qui tam lawyers can argue in response, that dismissal under
Rule 12(b)(6) on this basis is inappropriate.
See United States ex rel. King, 2011 U.S.
Dist. LEXIS 117590 at *126-9 (denying defendant's motion to dismiss
claims under the New Mexico False Claims Act on the substantial
evidence determination basis). The whistleblower and/or
his/her respective New Mexico qui tam lawyer could argue that the
New Mexico False Claims Act does not state that New Mexico must
notify the court of its determination regarding substantial
evidence, and the whistleblower is not required on a Rule 12(b)(6)
motion to come forward with such evidence. Id.
Qui Tam Lawsuit in New Mexico (NM)
Also similar to the Delaware False Claims Act, the
New Mexico False Claim Act only permits an "affected person" to
bring a suit. However, the New Mexico False Claim Act does
not define "affected person." In Albuquerque Bernalillo Co.
Water Util. Auth. v. NMPRC, 229 P.3d 494, 519 (N.M. 2010)
the court found that the term "affected person" in the New Mexico
False Claim Act statute must be given its "common and ordinary
meaning." New Mexico
whistleblower lawyers and attorneys should take note of this
specific provision prior to filing a qui tam case under the New
Mexico False Claims Act.
For more information on whistleblower claims and to
speak with an attorney, please contact Shauna Itri at firstname.lastname@example.org or
215-875-3049. To read further about What
Whistleblower Clients Can Expect From Our Lawyers, click
For further reading:
What is the Federal
False Claims Act
Fraud Under the State False Claims Acts
Federal and State
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