False Claims Act or Lincoln’s Law: A Brief History

October 29th, 2011

What known today as Lincoln’s Law is officially named False Claims Act (FCA). It was passed by the US Congress in 1863 and this law created rewards for private individuals reporting government fraud attempting curbs a rash of fraud against government.  This Law started to be referred as Lincoln’s Law as well as Informer’s Law as it was signed by President Lincoln on March 2, 1863. The original version of FCA orders that any act designed to fraudulently obtain money from the government is strictly prohibited.

The history of FCA was dated back on the Civil War era and it was initially intend to eliminate various frauds against United States Army and that was the reason why this law initially focused on fraud committed by military contractors. However, FCA coverage was expanded to all frauds committed by all government contractors. The contractors being courted under this law becomes subject of both civil and criminal sentences. The amount of fine for each fraudulent claim was double of amount the government’s actual damages plus additional fine of $2000.

The 1863 FCA gives opportunities for private individuals to get incentive as they reported unnoticed fraudulent actions against government through a “qui tam “action. This is the time where a qui tam attorney is very needed by the individuals. The informer also known as relators will be given incentive half of total recovery from the case they reported. The main concept of 1863 incentive was promoting private enforcement of legal legislation through economic incentives. Just like other laws, there are several amendments made to this law to make it relevant to present condition in 1986. Through those amendments, the government could recover almost $22 billion between 1987 and 2008.

When might unsatisfactory conduct be a fair reason for dismissal?

September 15th, 2011

The ACAS (Advisory, Conciliation and Arbitration Service) statutory Code of Practice on Discipline and Grievance deals with an employer’s actions concerning the unsatisfactory conduct of an employee. It also sets out the rights of the employee, when faced with a disciplinary matter in the work-place.

The law requires that employers act reasonably and fairly with regard to dismissals, and unsatisfactory conduct may be a matter of interpretation in some cases. However there are core principles of conduct that an employee should follow, and these principles are set out in the code. ACAS recommend that all parties should try to resolve matters of unsatisfactory conduct at an early stage, before the problem escalates to a dismissal. However, this is not always possible.

Employers must follow the proper procedure when dealing with a case of unsatisfactory conduct. For example, they must establish the facts of the case and invite the employee to a meeting to discuss the matter. The employee must be allowed to bring a companion with them. The employee may appeal against the original decision, and it is good practice for another manager to conduct that appeal. The decisions about the conduct should be conveyed in writing. If the employee is then dismissed for unsatisfactory conduct, they must be given the statutory period of notice.

Examples of unsatisfactory conduct may include:

• Unauthorised absences

• Not adhering to company Health and Safety policies

• Unauthorised use of company facilities

• Bullying, discrimination or harassment in the workplace

• Poor standards of personal appearance

• Poor time-keeping

Some types of conduct may be considered as ‘gross misconduct’. The employer is within their rights to dismiss an employee without a period of notice, if they conduct themselves in this way. However, it is still necessary for the employer to follow a fair procedure, according to the code, to establish that serious misconduct has taken place.

Examples of gross misconduct may include:

• Theft

• Physical violence

• Accessing pornography through the internet

• Being drunk at work

• A serious breach of confidence

You may have been dismissed for unsatisfactory conduct, but feel that the dismissal was actually unfair. If so, you would be well-advised to seek legal advice from a solicitor who specialises in employment law. An employment solicitor would be able to assess your case and guide you through the process of taking your case to an Employment Tribunal, if appropriate.

Help for Your Paper

August 23rd, 2011

Having a pile of paper is something common for college students since it is part of their assignment to do the paper. However, the assignment may turn to something annoying if they have to finish some papers within the same deadline. Thinking of that will make them feel so dizzy. It seems that they become powerless before they do their paper. This condition is absolutely not good for them and it is about time for them to ask for help. Where to find it all?

To answer that question, they need to ask help from the professional writing service since they are the right place to find the trusted help for their paper. Usually, the writing service provides services, such as service on research paper, essay, thesis, dissertation, and other academic writing. Besides, they also provide term paper help so that people do not have to worry when they also have term paper assignment.

Interested in their service? When you think it is about time for you to buy research papers, you have to make sure that you have found the best writing service so that the result will be maximal. It is okay to look for the best one until you find it.

San Jose Residents Arrested for Manufacturing and Selling Counterfeit Movies

August 6th, 2011
SAN JOSE, CA—Ricardo Blanco, 27, Pedro Rameriz-Alvarez, 28, Carlos Zuniga, 18, and Roberto Arguelles-Fernandez, 51, all residents of San Jose, right now were arrested by agents of the Federal Bureau of Investigation for conspiracy to manufacture and distribute unauthorized copies of copyrighted films. United States Attorney Melinda Haag announced.
According to the criminal complaint, Ricardo Blanco and Karol Blanco personal Mia’s Fashion Shop, at 3144 Alum Rock Avenue in San Jose, and utilised a residence positioned at 2064 South King Street in San Jose to manufacture counterfeit movies. Rameriz-Alvarez and Zuniga, who were hired by Ricardo Blanco, worked at the residence reproducing the counterfeit movies and packaging them. Arguelles-Fernandez operated Mia’s Fashion Store on a everyday basis, and sold counterfeit digital video discs (DVDs)
The criminal complaint states that agents from the Federal Bureau of Investigation executed a search warrant yesterday at Mia’s Fashion Retailer, and the residence located at 2064 South King Street. The agents seized roughly three,000 counterfeit DVDs at Mia’s Fashions, and a representative from the Motion Picture Association of America (MPAA) confirmed that the motion pictures had been counterfeit and reproduced devoid of authorization. Agents also searched the residence situated at 2064 South King Street in San Jose, in which they seized approximately 1,000 counterfeit DVDs, 19 printers, 12 duplicators, numerous blank discs and covers, and $ 53,000 in money. Some of the counterfeit movies integrated “Cars 2,” “Harry Potter and the Deathly Hallows,” “Soul Surfer,” and “X Males.”
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Agents Stop Marijuana Smuggling Attempt Off Coast Of Southern California

August 3rd, 2011
Virtually 500 Pounds of Marijuana Identified Hidden in the Boat
Dana Point, Calif. — U.S. Customs and Border Protection marine interdiction agents stopped a private pleasure boat Saturday off the coast of southern California with almost 500 pounds of marijuana hidden on board. On July 9th, CBP marine interdiction agents conducted a routine boarding of a 23-foot Neptune cuddy cabin vessel near Dana Point, Calif. Dana Point is positioned on the coast of Southern California, among San Clemente and Laguna Beach, about 60 miles south of Los Angeles.
On board, agents found numerous hidden compartments in the vessel with packages concealed within. Agents brought the vessel and two male passengers to shore for a more intensive examination. Operating with Border Patrol agents and members of the Los Angeles Border Enforcement Security Group or LA Best, a multi-agency process force led by U.S. Immigration and Customs and Enforcement, the agents found 55 bundles of marijuana hidden throughout the vessel. In total, the marijuana weighed virtually 500 pounds, with an estimated street value of about $ 300,000.
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