Skip to Content

NY Qui Tam and False Claims Act Law: Lawyers and Attorneys at Law

Reporting Fraud Under the New York State False Claims Act

The New York False Claims Act was originally enacted on April 7, 2007 and was modeled after the Federal False Claims Act.  At the time of passage, the provisions were nearly identical to the then-1986 version of the federal False Claims Act.  However, in 2009 and 2010, Congress amended the federal False Claims Act.  New York followed suit amending the New York False Claims Act in August 2010. Although largely identical to the federal False Claims Act, the New York False Claims Act differs in some significant respects.

First, the New York False Claims Act allows for three times the damages (two times the damages for voluntary and immediate self-reporting of fraud) and civil penalties of $6,000 to $12,000 per violation in addition to attorneys fees and costs.  The federal False Claims Act allows for $5,500 to $11,000 per violation.

New York State False Claims Act Includes Tax Fraud

Second, the New York False Claims Act does not exclude tax fraud like the federal False Claims Act does.  It should be noted, however, that the New York False Claims Act can be used for tax fraud only if the defendant has "net income or sales" of $1 million or more and damages as plead are greater than $350,000.  To learn more about our Qui Tam and False Claims Act Group representing whistleblowers alleging tax fraud, please click here.

NY False Claims Act Statute of Limitations Is 10 Years

Third, the New York False Claims Act includes a ten year statute of limitations, and states that amendments apply retroactively to claims, records and statements.  The federal False Claims Act has a statute of limitation of six years.

Qui Tam and False Claims Act Whistleblowers in New York

Fourth, the New York False Claims Act allows for a whistleblower and his/her New York qui tam lawyer(s) to withdraw his/her case in secret if the government declines to intervene.  Under the federal False Claims Act, once the government declines and the case is unsealed the whistleblower cannot withdraw his/her case under seal.

New York False Claims Act Anti-Retaliation

Fifth, New York qui tam lawyers should note the anti-retaliation protections in the New York False Claims Act are stronger that the protections in the federal False Claims Act.  The anti-retaliation protections in the New York False Claims Act covers current and former employees, agents and contractors and the person does not have to file a qui tam law suit to be protected.  The New York False Claims Act also contains anti-blacklisting provisions, a ten day statute of limitations and damages are two times the pay plus interest.  To learn more about the Anti-Retaliation of the Federal False Claims Act, please click here.

For more Information on whistleblower claims and to speak with an attorney, please contact Shauna Itri at sitri@bm.net or 215-875-3049. To read further about What Whistleblower Clients Can Expect From Our Lawyers, click here.

For further reading:
What is the Federal False Claims Act
Reporting Fraud Under the State False Claims Acts
Federal and State Whistleblower Laws
False Claims Act, Qui Tam and Whistleblower Blog

 

View Disclaimer here.