Perhaps you work for a large defense contractor.  The company urges employees to bill 40 hours per week on the account, even if they don’t actually work all those hours.  Over time the bill for unworked hours grows pretty large.  Each such bill is a “false claim” to the government.  Maybe you work for a doctor.  A nurse or physician’s assistant sees patients, but the visit is recorded as performed by a doctor so the rate submitted to Medicare or Medicaid for payment is higher.  That’s a false claim as well.  Or perhaps you are told to bill work performed on one government contract to a different contract, because the company has maximized it’s permitted hours on the first contract but has hours remaining on the second.  That’s a false claim as well.

You can bring these “false claims” against the wrongdoing company in court, as a “private attorney general” and keep some of the recovery as your reward.  That’s known as a “Qui Tam” action.  But be careful.  This is a tricky area of the law and you need competent counsel to advise you, or you may unwittingly torpedo your case without knowing it.  (For example, if you tell a non-attorney about the case, or report it informally to the company or the press, that could prevent you from filing the appropriate action in court. 

In association with a major national law firm, we handle Federal False Claims Act cases, better known as “Qui Tam” actions. Qui Tam actions are cases brought on behalf of the federal government to recover monies paid by the federal government improperly due to false billing. Examples include timesheet fraud by government contractors, medical practices billing Medicare for services not performed, and other fraudulent billing practices to the government. The “Realtor” (the person bringing the case) must submit the case privately to the Department of Justice, and file under seal with the Court, before informing the alleged wrongdoer. The Realtor is permitted to keep a significant portion of the government’s recovery.

Election campaigns have become an important part of our country’s politics, and the laws governing both the campaigns and the elections themselves are fairly stringent. These cases also tend to be charged with very real political consequences, so discretion and professionalism are necessary. Our attorneys are well-versed in the laws surrounding campaigns and elections, and have experience navigating the sometimes complex political atmosphere.

Federal “Independent Expenditure-Only Political Action Committees,” also known as SuperPACs in their current form, are now almost a decade old, arising to prominence in the wake of the landmark cases SpeechNow.org v. Federal Election Commission and Citizens United.

SuperPACs are not limited in the amount of money they can raise and spend, and they are allowed to receive contributions in support of or opposition to candidates and campaign committees from corporations, unions, associations, and individuals. SuperPACs cannot donate directly to political candidates, campaign committees, or parties, nor may they coordinate their spending with candidates, campaign committees, or party committees. SuperPAC donor names are disclosed to the Federal Election Commission.

Political action committees, SuperPacs, and independent expenditure-only committees can also exist and participate in politics at the state level and in the District of Columbia. As such, state PACs can be subjected to up to 51 different regulatory schemes, depending on where the committee wants to “play.”

Creating and maintaining a SuperPAC can be challenging, especially for new-comers to the 21st Century American political scene – but strategic use of SuperPacs (and other political committees) can be a rewarding way to participate in electoral politics at the grassroots and above.  We at Cook Craig & Francuzenko, PLLC have decades of experience with state and federal campaign, candidate, party, and independent political committees, creating them, helping manage their risk and working through the regulatory process. If you have any questions please contact us and set up a consultation.

News media organizations face a variety of challenges that do not often confront other businesses. A working knowledge of the First Amendment and the Freedom of Information Act with respect to how they interact with reporting the news is a must when representing news media organization clients. Experience applying Virginia’s qualified reporter’s privilege is required to protect news media organization reporters who are often also named defendants in such cases. Pick a civil litigation defense firm that understands the uniqueness of your news media organization.

Laws governing railroads are typically industry specific and often have complex issues of preemption involved. Rail-transportation general liability defense requires a knowledge of the railroad business and an understanding of how railroads go about their day to day operations. Rail-transportation law frequently also confronts issues with the Department of Transportation, the Federal Railroad Administration, and sometimes the Department of Environmental Quality. Similarly, Railroad employment defense demands experience with the Federal Employers Liability Act (FELA) in order to successfully advise and advocate for railroad clients. Make sure you choose attorneys with a fundamental understanding of the railroad business to defend your railroad.