Tag: False Claims Act

Action #5 of 2024: Fix FCA loopholes

Thanks for all your support so far! We’ve completed over half of our actions to kick off 2024, and we only have three more to go! Today’s action is very important. The qui tam provision of the False Claims Act is under attack, even though reports by whistleblowers are responsible for over 70% of recovered assets under the FCA (amounting to over $50 billion). 

Please send this prewritten email template to your Representative DEMANDING that they pass the Administrative False Claims Act in order to close major loopholes in the law. Check out more info here.

Write your representative today regarding recent attempts to undermine the False Claims Act by corporate interests and huge lobbying powers. In a June, 2023 FCA whistleblower case, Supreme Court Justice Clarence Thomas wrote a dissent containing language which questioned the constitutionality of the FCA’s whistleblower provisions. In the following months, multiple motions picking up on Thomas’ line of reasoning were filed. These motions pose a major threat to the United States’ most important and effective anti-fraud law.

S.659 – Administrative False Claims Act of 2023, introduced by Senator Charles Grassley (R-Iowa) would close a loophole that fraudsters seek to exploit. It has already been passed unanimously in the Senate, and now it is up to the House to pass it.

The False Claims Act has been extraordinarily successful since its 1986 amendment, recovering over $72 billion in fraud between 1986 and 2022, according to the Department of Justice. Over 70% of the funds recovered have been triggered by qui tam, or whistleblower, cases. The FCA Qui tam provision has not only been lauded by both Republicans and Democrats for being the most effective tool for fighting fraud, but it is also one of few government programs that brings money back into the pockets of the American people while protecting them.

I urge you to prevent the attempts to weaken the False Claims Act. Please urge your representatives to get this bill to the floor of the house as quickly as possible. Protect the American people and keep lobbyists and private interests out of the pockets of everyday taxpayers and away from the brave whistleblowers who use the False Claims Act to root out fraud.

If you have any questions regarding this initiative and the proposed changed, please contact the National Whistleblower Center at info@whistleblowers.org. Feel free to learn more at: www.whistleblowers.org/campaigns/protect-the-false-claims-act/.

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world. 

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Corruption Scorecards Jefferson Parish Councilman at Large Div. A

Tracie Burke | Motion to Quash LLC | October 6, 2023

Candidates for Jefferson Parish Councilman for the 2023 elections are being scrutinized under the False Claims Act. The False Claims Act is a federal law that imposes liability on those who defraud governmental programs. It is the federal government’s primary litigation tool in combating fraud against the government.

Corruption Scorecards Jefferson Parish Councilman at Large Div. A

An analysis of federal data was conducted by Motion to Quash LLC. It showed Council members Jennifer Van Vrancken and Ricky Templet received over a half million dollars. This came from over 350 entities that made political contributions. These contributions were made just before or after the entities received more than $73 million dollars in taxpayer-backed SBA loans. In both instances, candidates received large donations after companies they controlled, or companies owned by family members, obtained loans. Frankie Hayers, the only other candidate, financed his own campaign.

Candidate averageC73%
J. Frankie HyersA+100%
Ricky TempletD60%
Jennifer Van VranckenD60%

Family Connections

Balcony Enterprises Inc, a family owned enterprise, received a total of $365,491 from the SBA. Afterward, The Balcony Ballroom issued a political contribution to Jennifer Van Vrancken of $5,000.

Hearing Health Care of Louisiana Inc, owned by family member Ryan Templet, received $186,812 from the Paycheck Protection Program. After receiving the taxpayer backed funds, Ryan Templet issued $5000 to Ricky Templet’s political campaign. 

These funds were meant for struggling businesses. Generous campaign contributions just before or after receiving disaster assistance raises concerns about the legitimacy of their need for assistance. “It suggests the entities misled the SBA to obtain government funds and should be required to repay the taxpayers. Fraud schemes like this are the costliest for the taxpayers.” a spokesperson for the agency said.

Most Egregious Abuses of the PPP

The analysis identified two major abuses of the Paycheck Protection Program. These were Adams & Reese Law Firm and Harvey Gulf International Marine LLC.

Adams and Reese Law Firm received $9.2 million dollars from the taxpayer backed Paycheck Protection Program (PPP). Later, Adams and Reese and ARPAC issued nearly $800,000 in political contributions. This amount includes over $100,000 paid to its own Political Action Committee.

Harvey Gulf International Marine LLC received $8.8 million dollars from the Paycheck Protection Program. They then issued over $600,000 to political campaigns. This included $100,000 to the Republican Party and $100,000 to Louisiana Citizens for Job Creators Inc.

Recouping Stolen Pandemic Loan Funds

Motion to Quash is a powerful representation of the fight against corruption in Jefferson Parish. The Anti Corruption Scorecard serves as a reminder of the importance of transparency and honesty in our political system. The scorecards are adequate to give precise assessments. They offer reliable and sound judgment of campaign finance abuse. This is particularly useful for those interested in the 2023 Elections and the stand against corruption.

Contributions alone are not enough for an investigation. Nevertheless, generous campaign contributions and confidential disclosures submitted to the Inspector General are enough evidence to lead to criminal prosecutions. 

U.S. House Committee on Small Business

On September 27, the U.S. House Committee on Small Business held a hearing. It was entitled “Action Through Innovation: Private Sector Solutions to Recouping Stolen Pandemic Loan Funds.” The hearing explored various solutions. The Small Business Administration (SBA) plans to implement these solutions to recoup fraudulent loans from pandemic lending programs.

“When the pandemic started, the SBA took on an outsized role in restarting our nation’s economy. The PPP and EIDL programs were vital to saving small businesses, but that fact does not excuse $200 billion in fraud,” explained Chairman Roger Williams (R-TX). “It’s a top priority of this Committee to recoup these stolen funds, and yesterday’s hearing looked at new, innovative private sector solutions to do just that. I’m very grateful for our four witnesses, and we’ll continue our work on holding these fraudsters accountable.”

Click the link to read the Statement of Michael E. Horowitz, Chair, Pandemic Response Accountability Committee, Inspector General, U.S. Department of Justice before the U.S. House of Representatives Select Subcommittee on the Coronavirus Crisis about “Examining Federal Efforts To Prevent, Detect, And Prosecute Pandemic Relief Fraud To Safeguard Funds For All Eligible Americans”

Campaign finance reports were obtained from the Louisiana Ethics Board website. Disaster Recipient Profiles were found at usaspending.gov.

Methodology

For consistency, the total scores were based on these three principles:

  1. Campaign contributions issued (5 points)
  2. Campaign contributions received (5 points)
  3. Disclosures/conflicts of interest (5 points)

Only when candidates scored 15 for the whole package did they score 100 percent. 

Campaigns are dynamic. We welcome your feedback. If you see a candidate’s position has changed, send us an email to info@motiontoquash.org with the new information.

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC successfully promoted legislation that supports the Anti-Money Laundering Act of 2020. They also supported amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers. They also help prosecute other wrongdoing around the world. 

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