Sunday, August 9, 2009

U.S. Department Of Education Fraud

U.S. Department Of Higher Education Assistance Foundation Identity Theft. The Following Is Proof That My Identity Was Stolen And Aided by H.E.A.F First Of All I never Spoke With mentioned Personnel And Never Lived Outside New York until 1989 to kansas or Write Them A letter.False Birthday Added False Social security Number Added And False Address Forged Signature A Financial Aid Worker Signed My Signature I Never Signed To Issue The Loan or That I received The Loan

Monday, August 3, 2009

U.S. Department Of Education For Qui Tam The Bureau of Indian Affairs Regional Offices

For Qui Tam Please Help Against Fraud Contact The Bureau of Indian Affairs Regional Offices

INSTRUCTIONS FOR NOTIFYING TRIBES
BIA Area Offices
(Bureau of Indian Affairs Regional Offices)


REGION

ADDRESS
& PHONE

AREA COVERED

Alaska Bureau of Indian Affairs
PO Box 25520
709 West 9
th Street
Juneau, AK 99802

Phone: 800-645-8397
Fax: 907-856-7252
Alaska, except for a small area under the jurisdiction of the Northwest Region office
Eastern Bureau of Indian Affairs
Eastern Agency
711 Stewart Ferry Pike
Nashville, TN 37214

Phone: 615-467-1700
Fax: 615-467-1701
Alabama, Florida, Louisiana, Connecticut, Maine, New York, Mississippi, North Carolina
Eastern
Oklahoma
Bureau of Indian Affairs
101 North 5
th St
Muskogee, OK 74401-6206

Phone: 918-678-2296
Fax: 918-687-2571
Part of Oklahoma; see Southern Plains for other offices in Oklahoma
Great Plains Bureau of Indian Affairs 115 Fourth Avenue SE
Aberdeen, SD 57401-4384

Phone: 605-226-7343
Fax: 605-226-7446
Nebraska, North Dakota, South Dakota
Midwest Bureau of Indian Affairs
One Federal Drive, Room 550
Minneapolis, MN 55111-4007

Phone: 612-713-4400
Fax: 612-713-4401
Iowa, Michigan, Minnesota, Wisconsin
Navajo Bureau of Indian Affairs
PO Box 1060
Gallup, NM 87305

Phone: 505-863-8314
Fax: 505-863-8324
Part of Arizona and New Mexico; see Southwest Region for other offices in New Mexico: see Western Region for other offices in Arizona
Northwest Bureau of Indian Affairs
The Federal Building
911 NE 11
th Avenue
Portland, OR 97232

Phone: 503-231-6702
Fax: 503-231-2201
Part of Alaska, part of Montana, Idaho, Oregon, Washington; see Alaska Region for other offices in Alaska; see Rocky Mountain Region for other offices in Montana
Pacific Bureau of Indian Affairs
2800 Cottage Way
Sacramento, CA 95825

Phone: 916-978-6000
Fax: 916-978-6099

California
Rocky
Mountain
Bureau of Indian Affairs
316 N 26
th Street
Billings, MT 59101

Phone: 406-247-7943
Fax: 406-247-7976
Wyoming, Montana; see Northwest Region for other offices in Montana
Southern Plains Bureau of Indian Affairs
W.C.D. Office Complex
PO Box 368
Anadarko, OK 73005

Phone: 405-247-6673
Fax: 405-247-2242
Kansas, Texas, Western Oklahoma; see Eastern Oklahoma for other offices in Oklahoma
Southwest Bureau of Indian Affairs
PO Box 26567
Albuquerque, NM 87125-6567

Phone: 505-346-7590
Fax: 505-346-7517
Colorado, part of New Mexico; see Navajo Region for other offices in New Mexico
Western Bureau of Indian Affairs
PO Box 10
Phoenix, AZ 85001

Phone: 602-379-6600
Fax: 602-679-4413
Nevada, Utah, part of Arizona; see Navajo Region for other offices in Arizona

Qui tam

False Claims Act - Taxpayers Against Fraud - QUI TAM

Bureau of Indian Affairs

Commissioners of Indian Affairs[]


[] See also

Bureau of Indian Affairs
Logo of the Bureau of Indian Affairs.
Logo of the Bureau of Indian Affairs.
Agency overview
Formed March 11, 1824
Preceding agency Office of Indian Affairs, US Department of war
Jurisdiction Federal Government of the United States
Headquarters 1849 C Street, N.W. Washington, D.C. 20240
Employees 8,701 Permanent (FY08)
Annual budget $2.4 billion (FY08)
Agency executives Larry EchoHawk, Assistant Secretary of the Interior for Indian Affairs

Michael R. Smith, Deputy Bureau Director (Field Operation)
Parent agency US Department of Interior
Website
Bureau of Indian Affairs website

In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "[he] who sues in this matter for the king as [well as] for himself."

The writ fell into disuse in England and Wales following the Common Informers Act 1951 but, as of 2008, remains current in the United States under the False Claims Act, 31 U.S.C. § 3729 et seq., which allows for a private individual, or "whistleblower", with knowledge of past or present fraud committed against the U.S. federal government to bring suit on its behalf. This provision allows a private person, known as a “relator”, to bring a lawsuit on behalf of the United States, where the private person has information that the named defendant has knowingly submitted or caused the submission of false or fraudulent claims to the United States. The relator need not have been personally harmed by the defendant’s conduct. The information must not be public knowledge.

Contents

[]

[] Qui tam attorneys

Qui tam attorneys represent individuals who bring suits, under the False Claims Act and other similar statutes, against businesses that have defrauded federal, state or local governments. The individual bringing the suit, called the relator, is often a whistleblower who has “inside” information about an ongoing fraud scheme.[1]

[] The False Claims Acts

The False Claims Act (31 U.S.C. § 37293733, also called the "Lincoln Law") is an American federal law which allows people who are not affiliated with the government to file actions against federal contractors claiming fraud against the government. The act of filing such actions is informally called "whistleblowing." Persons filing under the Act stand to receive a portion (usually about 15-25 percent) of any recovered damages. The Act provides a legal tool to counteract fraudulent billings turned in to the Federal Government. Claims under the law have been filed by persons with insider knowledge of false claims which have typically involved health care, military, or other government spending programs.

The American Civil War (1861–1865) was marked by fraud on all levels in the Union north and the Confederate south. Some say the False Claims Act came about because of bad mules. During the Civil War, unscrupulous early day defense contractors sold the Union Army decrepit horses and mules in ill health, faulty rifles and ammunition, and rancid rations and provisions among other unscrupulous actions.[2] The False Claims Act, passed by Congress on March 2, 1863, was an effort by the USA to respond to entrenched fraud where the official Justice Department was reticent to prosecute fraud cases. Importantly, a reward was offered in what is called the "qui tam" provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. Qui tam is short for the Latin phrase, "qui tam pro domino rege quam pro se ipso in hac parte sequitur," which means, "he who brings a case on behalf of our lord the King, as well as for himself." In a qui tam action, the citizen filing suit is called a "relator."

The False Claims Act provides incentive to relators by granting them between 15% and 25% of any award or settlement amount. In addition, the statute provides an award of the relator's attorney's fees, making qui tam actions a popular topic for the plaintiff's bar. An individual bringing suit pro se, that is, without the representation of a lawyer, may not bring a qui tam action under the False Claims Act. See, for example, United States ex Rel. Lu v. Ou, 368 F.3d 773 (7th Cir. 2004).[3]

Once a relator brings suit on behalf of the government, the Department of Justice, in conjunction with a U.S. Attorney for the district in which the suit was filed, have the option to intervene in the suit. If the government does intervene, it will notify the company or person being sued that a claim has been filed. Qui tam actions are filed under seal, which has to be partially lifted by the court to allow this type of disclosure. The seal prohibits the defendant from disclosing even the mere existence of the case to anyone, including its shareholders, a fact which may cause conflicts with the defendant's obligation under Securities & Exchange Commission or stock exchange regulations that require it to disclose lawsuits that could materially affect stock prices. The government may subsequently, without disclosing the identity of the plaintiff or any of the facts, begin taking discovery from the defendant.

If the government does not decide to participate in a qui tam action, the relator may proceed alone without the Department of Justice, though such cases historically have a much lower success rate. Relators who do prevail in such cases will get a higher relator's share, about 25% to 30%. It is conventionally thought that the government chooses legal matters it would prosecute because the government would only want to get involved in what it believes are winning cases.[]

[] The False Claims Act Law

The False Claims Act is the primary federal law intended to protect against fraud on the federal Treasury. The False Claims Act prohibits, among other things, the making or presentation of a "false or fraudulent claim" to the United States Government. The False Claims act is Title 31, Chapter 37, Subchapter III of the United States Code. The False Claims Act was amended in a number of important ways in May of 2009. What follows are the key provisions of the False Claims Act, as they currently stand in light of those amendments:

Section 3729. False Claims.

(a) Liability for certain acts.--

(1) In general.--Subject to paragraph (2), any person who--

(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;

(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);

(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;

(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;

(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or

(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,

is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the amount of damages which the Government sustains because of the act of that person.

(2) Reduced damages.--If the court finds that--

(A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;

(B) such person fully cooperated with any Government investigation of such violation; and

(C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation,

the court may assess not less than 2 times the amount of damages which the Government sustains because of the act of that person.

(3) Costs of civil actions.--A person violating this subsection shall also be liable to the United States Government for the costs of a civil action brought to recover any such penalty or damages.

(b) Definitions.--For purposes of this section--

(1) the terms “knowing” and “knowingly” --

(A) mean that a person, with respect to information--

(i) has actual knowledge of the information;

(ii) acts in deliberate ignorance of the truth or falsity of the information; or

(iii) acts in reckless disregard of the truth or falsity of the information; and

(B) require no proof of specific intent to defraud;

(2) the term “claim”--

(A) means any request or demand, whether under a contract or otherwise, for money or property and whether or not the United States has title to the money or property, that--

(i) is presented to an officer, employee, or agent of the United States; or

(ii) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest, and if the United States Government--

(I) provides or has provided any portion of the money or property requested or demanded; or

(II) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded; and

(B) does not include requests or demands for money or property that the Government has paid to an individual as compensation for Federal employment or as an income subsidy with no restrictions on that individual's use of the money or property;

(3) the term “obligation” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment; and

(4) the term “material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.


Section 3730. Civil actions for false claims.

(a) Responsibilities of the Attorney General.--The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person.

(b) Actions by private persons.--(1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.

(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.

(3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure.

(4) Before the expiration of the 60-day period or any extensions obtained under paragraph (3), the Government shall--

(A) proceed with the action, in which case the action shall be conducted by the Government; or

(B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.

(5) When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.

(c) Rights of the parties to qui tam actions.--(1) If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).

(2)(A) The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.

(B) The Government may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.

(C) Upon a showing by the Government that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Government's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as--

(i) limiting the number of witnesses the person may call;

(ii) limiting the length of the testimony of such witnesses;

(iii) limiting the person's cross-examination of witnesses; or

(iv) otherwise limiting the participation by the person in the litigation.

(D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.

(3) If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause.

(4) Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.

(5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.

(d) Award to qui tam plaintiff.--(1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(3) Whether or not the Government proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of section 3729 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of section 3729, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the United States to continue the action, represented by the Department of Justice.

(4) If the Government does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.

(e) Certain actions barred.--(1) No court shall have jurisdiction over an action brought by a former or present member of the armed forces under subsection (b) of this section against a member of the armed forces arising out of such person's service in the armed forces.

(2)(A) No court shall have jurisdiction over an action brought under subsection (b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought.

(B) For purposes of this paragraph, “senior executive branch official” means any officer or employee listed in paragraphs (1) through (8) of section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

(3) In no event may a person bring an action under subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the Government is already a party.

(4)(A) No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.

(B) For purposes of this paragraph, “original source” means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before filing an action under this section which is based on the information.

(f) Government not liable for certain expenses.--The Government is not liable for expenses which a person incurs in bringing an action under this section.

(g) Fees and expenses to prevailing defendant.--In civil actions brought under this section by the United States, the provisions of section 2412(d) of title 28 shall apply.

(h) Relief from retaliatory actions.--

(1) In general.--Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the employee, contractor, or agent or associated others in furtherance of other efforts to stop 1 or more violations of this subchapter.

(2) Relief.--Relief under paragraph (1) shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection may be brought in the appropriate district court of the United States for the relief provided in this subsection.


Section 3731. False claims procedure.

(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States.

(b) A civil action under section 3730 may not be brought--

(1) more than 6 years after the date on which the violation of section 3729 is committed, or

(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,

whichever occurs last.

(c) If the Government elects to intervene and proceed with an action brought under 3730(b), the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(d) In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(e) Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of section 3730.


Section 3732. False claims jurisdiction.

(a) Actions under section 3730.--Any action under section 3730 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 3729 occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States.

(b) Claims under state law.--The district courts shall have jurisdiction over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730.

(c) Service on State or local authorities.--With respect to any State or local government that is named as a co-plaintiff with the United States in an action brought under subsection (b), a seal on the action ordered by the court under section 3730(b) shall not preclude the Government or the person bringing the action from serving the complaint, any other pleadings, or the written disclosure of substantially all material evidence and information possessed by the person bringing the action on the law enforcement authorities that are authorized under the law of that State or local government to investigate and prosecute such actions on behalf of such governments, except that such seal applies to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.[4]

[] History

Qui tam actions were first used in 13th century England as a way to enforce the King's laws. They existed in the United States in colonial times, and were embraced by the first U.S. Congress as a way to enforce the laws when the new federal government had virtually no law enforcement officers.[5] The False Claims Act was passed in 1863 during the U.S. Civil War, but was substantially weakened in 1943 during World War II while the government rushed to sign large military procurement contracts. It was strengthened again in 1986 after a period of military expansion at a time when there were many stories of defense contractor price gouging.[5]

The practice fell into disrepute in England in the 19th century by which time it was principally used to enforce laws related to Christian Sunday observance. It was brought to an effective end by the Common Informers Act 1951 but, in 2007, there were proposals to introduce legal provision on the U.S. model back to the United Kingdom.[6]

[] Whistleblowers

Whistleblower” can mean any person who reveals misconduct by his or her employer or another business or entity. The misconduct may be in the form of breaking the law, committing fraud, or corruption. That type of fraud can be a violation of the False Claims Act, or similar state and local laws. And a whistleblower who exposes fraud on the government can bring a qui tam lawsuit on behalf of the government, and can receive a share of the recovery as his or her reward. [4]

[] See also

[] References

  1. ^ "Qui Tam". Tycko & Zavareei LLP. http://www.fraudfighters.net/aop/qui-tam/. Retrieved on 2009-5-27.
  2. ^ Oklahoma Bar Association
  3. ^ "UNITED STATES ex rel. Friedrich LU v. David W. OU, et al.". Qui Tam Guide. http://quitamguide.org/united-states-ex-rel-friedrich-lu-v-david-w-ou-et-al. Retrieved on 2008-04-04.
  4. ^ a b "The False Claims Act". Tycko & Zavareei LLP c/o LN. http://www.fraudfighters.net/false/. Retrieved on 2009-05-27.
  5. ^ a b "Why the False Claims Act?". The False Claims Act Legal Center. http://www.taf.org/whytaf.htm. Retrieved on 2008-03-13.
  6. ^ Walker, P (2007). "Fraud whistleblowers could get cash rewards". The Guardian. http://www.guardian.co.uk/uk/2007/may/24/ukcrime.immigrationpolicy. Retrieved on 2008-03-12.

[] Bibliography

[] External links

U.S. Department Of Education Fraud

Saturday, August 1, 2009

U.S. Department Of Education Google Help To Fight Fraud

Links To Help Fight Against Higher Education Assistance Foundation Fraud

http://www.ombudsman.com/ http://www.transunion.com/ http://www.equifax.com/ http://www.experian.com/ http://www.ed.gov/ http://www.ed.gov/misused One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To enhance protections against fraud in the offering of financial assistance for

college education, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘College Scholarship Fraud

Prevention Act of 2000’’.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) A substantial amount of fraud occurs in the offering

of college education financial assistance services to consumers.

(2) Such fraud includes the following:

(A) Misrepresentations regarding the provision of

sources from which consumers may obtain financial assistance

(including scholarships, grants, loans, tuition, awards,

and other assistance) for purposes of financing a college

education.

(B) Misrepresentations regarding the provision of portfolios

of such assistance tailored to the needs of specific

consumers.

(C) Misrepresentations regarding the pre-selection of

students as eligible to receive such assistance.

(D) Misrepresentations that such assistance will be

provided to consumers who purchase specified services from

specified entities.

(E) Misrepresentations regarding the business relationships

between particular entities and entities that award

or may award such assistance.

(F) Misrepresentations regarding refunds of processing

fees if consumers are not provided specified amounts of

such assistance, and other misrepresentations regarding

refunds.

(3) In 1996, the Federal Trade Commission launched

‘‘Project Scholarscam’’, a joint law enforcement and consumer

education campaign directed at fraudulent purveyors of socalled

‘‘scholarship services’’.

(4) Despite the efforts of the Federal Trade Commission,

colleges and universities, and nongovernmental organizations,

the continued lack of awareness about scholarship fraud permits

a significant amount of fraudulent activity to occur.

S. 1455—2

SEC. 3. SENTENCING ENHANCEMENT FOR HIGHER EDUCATION

FINANCIAL ASSISTANCE FRAUD.

Pursuant to its authority under section 994(p) of title 28, United

States Code, the United States Sentencing Commission shall amend

the Federal sentencing guidelines in order to provide for enhanced

penalties for any offense involving fraud or misrepresentation in

connection with the obtaining or providing of, or the furnishing

of information to a consumer on, any scholarship, grant, loan,

tuition, discount, award, or other financial assistance for purposes

of financing an education at an institution of higher education,

such that those penalties are comparable to the base offense level

for misrepresentation that the defendant was acting on behalf of

a charitable, educational, religious, or political organization, or a

government agency.

SEC. 4. EXCLUSION OF DEBTS RELATING TO COLLEGE FINANCIAL

ASSISTANCE SERVICES FRAUD FROM PERMISSIBLE EXEMPTIONS

OF PROPERTY FROM ESTATES IN BANKRUPTCY.

Section 522(c) of title 11, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3)

and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(4) a debt in connection with fraud in the obtaining or

providing of any scholarship, grant, loan, tuition, discount,

award, or other financial assistance for purposes of financing

an education at an institution of higher education (as that

term is defined in section 101 of the Higher Education Act

of 1965 (20 U.S.C. 1001)).’’.

SEC. 5. SCHOLARSHIP FRAUD ASSESSMENT AND AWARENESS ACTIVITIES.

(a) ANNUAL REPORT ON SCHOLARSHIP FRAUD.—

(1) REQUIREMENT.—The Attorney General and the Secretary

of Education, in conjunction with the Federal Trade

Commission, shall jointly submit to Congress each year a report

on fraud in the offering of financial assistance for purposes

of financing an education at an institution of higher education.

Each report shall contain an assessment of the nature and

quantity of incidents of such fraud during the one-year period

ending on the date of such report.

(2) INITIAL REPORT.—The first report under paragraph (1)

shall be submitted not later than 18 months after the date

of the enactment of this Act.

(b) NATIONAL AWARENESS ACTIVITIES.—The Secretary of Education

shall, in conjunction with the Federal Trade Commission,

maintain a scholarship fraud awareness site on the Internet web

site of the Department of Education. The scholarship fraud awareness

site may include the following:

(1) Appropriate materials from the Project Scholarscam

awareness campaign of the Commission, including examples

of common fraudulent schemes.

(2) A list of companies and individuals who have been

convicted of scholarship fraud in Federal or State court.

(3) An Internet-based message board to provide a forum

for public complaints and experiences with scholarship fraud.

S. 1455—3

(4) An electronic comment form for individuals who have

experienced scholarship fraud or have questions about scholarship

fraud, with appropriate mechanisms for the transfer of

comments received through such forms to the Department and

the Commission.

(5) Internet links to other sources of information on scholarship

fraud, including Internet web sites of appropriate nongovernmental

organizations, colleges and universities, and

government agencies.

(6) An Internet link to the Better Business Bureau in

order to assist individuals in assessing the business practices

of other persons and entities.

(7) Information on means of communicating with the Federal

Student Aid Information Center, including telephone and

Internet contact information.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

U.S. Department Of Education Fraud