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Kickbacks
Kickbacks are a form of bribery, whereby money, a favor or something of value is given to, promised to, or taken from an individual or organization in an attempt to sway his or its views, decisions, or opinions. An example of a kickback would be a contractor “kicking back” some of what he earned to the government official responsible for getting him the job, or a pharmaceutical company giving benefits to a doctor who prescribes their medication.
Doctors are supposed to decide on the best treatment for their patients without consideration of their own interests. Government contracts should be determined on merit of the contractors and bids. Kickbacks often result in excessive or unnecessary treatment, and government waste.
Qui tam is a whistleblower lawsuit brought by an “informer” or “whistleblower” under a provision of the Federal Civil False Claims Act that allows private citizens to file a lawsuit on behalf of the United States Government alleging fraud, kickbacks, or misuse of government funds. A party or individual who brings a successful kickback suit receives as an award, a share in any money recovered. Quit tam cases are brought under the False Claims Act, 31 USC § 3730(h) which protects private sector employees who assist in False Claims Act litigation in the Federal courts.
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