State Procurement Fraud Laws
State Procurement Fraud
In addition to federal procurement fraud laws such as the False Claims Act, a majority of states have passed their own procurement fraud laws. These laws create protections for whistleblowers from retaliation, provide confidentiality and anonymity to those who report wrongdoing, and establish reward programs to incentivize witnesses to step forward and report a procurement fraud scheme.
States with Fraud Procurement Laws:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Rhode Island
Additionally, fraud procurement laws have been enacted at the local level:
- Broward County, Florida
- District of Columbia (D.C.)
- Miami-Dade County
- New York City
California Government Fraud Laws
The California Whistleblower Protection Act empowers the State Auditor of California to investigate any received complaint about improper government contract awards. Both state employees and members of the public can report misconduct and make a whistleblower claim with the State Auditor.
California whistleblower reports can include violations of state laws, procurement fraud, product substitution fraud, violations of executive orders of the Governor, violations of court order, violations of the state contracting manual, and violations of the state administrative manual. State employees are protected from retaliation, and if the State Auditor does not proceed to release a report of wrongdoing the report will remain confidential.
If you have an illegal scheme or violation to report in California, contact our attorneys today. Schneider Wallace is headquartered in the Bay Area and is ready to assist you with our California whistleblower attorneys.
New York Government Fraud Laws
New York has enacted its own False Claims Act. Like its federal counterpart, the New York False Claims Act provides protections for whistleblowers and provides potential rewards to those who disclose wrongdoing. Qui tam lawsuits and eventual recoveries that occur from a whistleblower complaint must be the first to report and must contain non-public information to receive an award. New York has a 6-year statute of limitations for violations and a 3-year statute of limitations for government agencies that knew or should have known of a violation.
New York maintains its own state level whistleblower protections. Pursuant to Labor Code § 740, an employer:
- Cannot discharge, suspend, demote or take other adverse employment action if employee discloses or threatens to, provides information or testifies, or objects to or refuses to participate in an action that violates law, rule, or regulation or presents a substantial and specific danger to public health or safety
New York Labor Code § § 740 and 741 contain additional whistleblower protections. Labor code 741 allows for reporting of “improper quality of patient care” which includes facilities that allow any practice, procedure or act that is a substantial danger to public health or poses a risk to a specific patient.
Texas Government Fraud Laws
Texas maintains a program for reporting and investigating misuse of state funds. Illegal acts can include:
- Illegal expenditures by agencies, colleges or universities
- Illegal use of state grant funds
- Illegal misuse of federal stimulus funds or American Recovery and Reinvestment Act funds
- Illegal misuse of hurricane victim funds, such as those for Hurricane Ike.
Texas offers whistleblower rewards for fraud such as Medicaid fraud. Texas can award 15-25 percent of the recovery for Medicaid fraud to the whistleblower, as compensation for their assistance in reporting, investigating and prosecuting the fraud.
State Fraud Whistleblower Lawyer
Schneider Wallace represents whistleblowers. Schedule a consult with our whistleblower law firm for representation in Texas. Schneider Wallace has an office in Houston.
To speak with a lawyer with years of experience handling both government whistleblower and contractor fraud cases, contact us at 1-800-689-0024 or firstname.lastname@example.org.