The False Claims Act
Notice of Proposed Regulations under the New York False Claims Act
On Wednesday October 23, 2013, the Attorney General proposed regulations addressing the New York False Claims Act pursuant to section 194 of New York State Finance Law. The Notice of Proposed Rule Making and supporting documents, including the Text of the Rule, can be found below:
- Notice of Proposed Rule Making
- Text of Proposed Regulations
- Regulatory Impact Statement
- Regulatory Flexibility Analysis
- Rural Area Flexibility Analysis
Pursuant to the State Administrative Procedure Act the proposal of these regulations begins a 45 day public comment period. Comments can be addressed, by e-mail (email@example.com) or regular mail to:
Sr. Advisor and Counselor to the Attorney General
New York, NY, 10271
The New York False Claims Act, N.Y. Fin. Law §§ 187 - 194, allows the Attorney General, a local government, or any person to file a lawsuit against a person or a company that obtains or withholds funds or property from the state or local government through false or fraudulent conduct.. A person or company found liable under the act must generally pay treble damages, civil penalties, plus costs and attorneys fees.
The False Claims Act is an important new tool for people to help the state or local governments recover funds or property lost through fraud or corruption. Lawsuits filed by citizens — known as “qui tam” suits — are filed in secret to give the government an opportunity to investigate the allegations of fraud.
Individuals that file suits may be eligible to keep a percentage of the funds they help recover. The False Claims Act also protects employees from being retaliated against for filing qui tam suits against employers who may be engaged in activity or practices that defraud the government out of money or property.
However, please be advised that the Attorney General by law does not represent private individuals or provide legal advice, legal research or legal analysis to private individuals under any circumstances. The Attorney General's Office also cannot refer you to a private attorney. There are, however, private attorneys who specialize and have experience in bringing False Claims Act cases.
Parties may obtain additional information, or submit questions to:
False Claims Act
Office of the New York State Attorney General
Department of Law
New York, NY 10271-0332