Delaware False Claims Act Information
A person may bring a civil action for a violation of the Delaware FCA on behalf of the party bringing suit and for the government. In the event of a successful action, the whistleblower is entitled to 15% – 30% of the proceeds of the action or settlement of the claim, in addition to an amount for reasonable expenses, attorneys’ fees, and costs of the case. The Delaware FCA also protects whistleblowers against retaliation for engaging in protected activity, if the civil action is brought within 3 years after the date when the alleged retaliation occurred.
Under the Delaware False Claims Act—Title 6, Chapter 12, Sections 1201 et. seq.—any person who:
(1) Knowingly presents, or causes to be presented a false or fraudulent claim for payment or approval;
(2) Knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim;
(3) Conspires to commit a violation of paragraph (a)(1), (2), (4), (5), (6) or (7) of this section;
(4) 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;
(5) 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;
(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government who may not lawfully sell or pledge the property; or
(7) 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
shall be liable to the Government for a civil penalty of not less than $5,500 and not more than $11,000 for each act constituting a violation of this section, plus 3 times the amount of damages which the Government sustains because of the act of that person.
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