WHO IS LIABLE?
Virtually any individual or business who does business with the Commonwealth, or sells something to the Commonwealth, can be a defendant under the Virginia Fraud Against Taxpayers Act (FATA).
This includes anyone who does business with: (a) the Commonwealth of Virginia or any of its agencies, (b) any County, City, Town, or Village within the Commonwealth, or (c) any contractor, grantee or recipient, which is receiving monies provided by the Commonwealth, (all of which are considered “the Commonwealth” under the law).
Claims may be filed against defendants including, but not limited to:
Contractors and Subcontractors: Anyone who contracts to provide services or goods to the Commonwealth can be a defendant for a vast array of claims.
Medical Providers: Doctors, hospitals, clinics and other providers of medical services, goods or equipment can be defendants in actions, for a wide range of fraudulent billing practices which can range from charging for goods or services not provided, to performing services which were unnecessary. This includes Doctors, hospitals and clinics which defraud Medicaid or Medicare, since the Commonwealth pays a share of such monies.
Others: Virtually anyone who receives money from the Commonwealth can engage in conduct which would give rise to a FATA violation. Activities which constitute a violation under the Virginia Fraud Against Taxpayers Act include, but are not limited to:
(a) knowingly presenting, or causing to be presented, to any Commonwealth officer or employee, a false or fraudulent claim for payment or approval by the Commonwealth;
(b) knowingly making, using, or causing to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Commonwealth;
(c) conspiring with others to get a false or fraudulent claim allowed or paid by the Commonwealth;
(d) while having possession, custody or control of property or money to be used by the Commonwealth, knowingly delivering or causing to be delivered less property than the amount for which the person receives a certificate or receipt;
(e) knowingly making, using, or causing to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the Commonwealth.
To obtain more information, contact:
Andrew J. Campanelli
Campanelli & Associates, P.C.
623 Stewart Avenue
Suite 203
Garden City, NY 11530
(516) 746-1600
