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or legal conclusion in the relator’s complaint. It has been the usual practice of the Department to file its own complaint about 60 days after the intervention, setting forth its own statement of the facts that show the knowing submission of false claims, and the specific relief it seeks. In addition, the Department of Justice has the ability to, and often will, assert claims arising under other statutes (such as the Truth in Negotiation Act or the Public Contracts Anti-Kickback Act) or the common law, which the relators do not have the legal right to assert in their complaint, since only the False Claims Act has a qui tam provision.

After the relator’s complaint is unsealed, the relator has the obligation under the Federal Rules of Civil Procedure to serve its complaint upon each named defendant within 120 days.  Each named defendant has the duty to file an answer to the complaint or a motion within 20 days after service of the government’s complaints. Discovery under the Federal Rules of Civil Procedure begins shortly thereafter.”

The State of North Carolina also has a General Statute concerning false claims. The following information on the statute is provided below:

North Carolina General Statute § 108A-70.12. Liability for certain acts; damages; effect of repayment.

(a) Liability for Certain Acts – It shall be unlawful for any provider of medical assistance under the Medical Assistance Program to:

(1) Knowingly present, or cause to be presented to the Medical Assistance Program a

false or fraudulent claim for payment or approval; or

(2) Knowingly make, use, or cause to be made or used a false record or statement to get a

false or fraudulent claim paid or approved by the Medical Assistance Program.

Each claim presented or caused to be presented in violation of this section is a separate violation.

(b) Damages –

(1) Except as provided in subdivision (2) of this subsection, a court shall assess against

any provider of medical assistance under the Medical Assistance Program who violates

this section a civil penalty of not less than five thousand dollars ($5,000) and not more

than ten thousand dollars ($10,000) plus three times the amount of damages which the

Medicaid Assistance Program sustained because of the act of the provider.

(2) A court may assess a penalty of not less than two times the amount of damages, which the Medical Assistance Program sustains because of the act of the provider if a court finds that:

a. The provider committing a violation of this section furnished officials of the

State responsible for investigating false claims violations with all information known to the provider about the violation within 30 days after the date the provider first obtained the information;

b. The provider fully cooperated with any State investigation of the violation; and

March 17, 2009

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