- Jurisdiction
- Virginia
Dear all,
thank you for kindly finding time to comment on the following:
thank you for kindly finding time to comment on the following:
- According to § 8.01-216.3(A)(1)&(2) False claims; civil penalty of VFATA "any person who: knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim ... shall be liable to the Commonwealth for a civil penalty". Which actions of the individual fall under the provisions of this Act/paragraph:
- Failure to file tax return
- Failure to pay income tax
- False claims/concealment of information within welfare programs (Medicaid, SSI, etc.)
- ALL of the above
- According to § 8.01-216.7(A)&(B) Award to private plaintiff of the said Act "if the Commonwealth proceeds with an action brought by a person ... such person shall receive at least fifteen percent ... of the proceeds of the action or settlement of the claim; If the Commonwealth does not proceed with an action, the person ... shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent ... of the proceeds of the award or settlement". Firstly, it sounds like the award is paid regardless of whether the Commonwealth proceeds with an action or not, and secondly - the award is higher if the Commonwealth does not proceed, which is weird. Do I misunderstand the provisions of this paragraph?