The Minnesota False Claims Act allows whistleblowers to report fraud and receive 15-30% of the proceeds in a successful qui tam action
A private person can bring a civil action on behalf of the State, a political subdivision, or both; for violations of the False Claims Act. This action is known as a qui tam action. In the event of a successful qui tam action, the whistleblower is entitled to receive 15-30% of any recovery or settlement in the case; plus an amount for reasonable case costs, fees, and attorney fees.
Under this statute, the whistleblower is protected against retaliation for reporting fraud and engaging in protected activity.
The State’s False Claims Act—Minnesota Statues Chapter 15C—imposes liability on any person who:
(1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(2) knowingly makes or uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(3) knowingly conspires to commit a violation of clause (1), (2), (4), (5), (6), or (7);
(4) has possession, custody, or control of property or money used, or to be used, by the state or a political subdivision 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 for money or property used, or to be used, by the state or a political subdivision and, intending to defraud the state or a political subdivision, 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 state or a political subdivision who lawfully may not sell or pledge the property; or
(7) knowingly makes or 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 state or a political subdivision, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state or a political subdivision.
Violators are liable to the State or the political subdivision for a civil penalty of $5,500 – $11,000 per false or fraudulent claim, plus three times the amount of damages that the state or the political subdivision sustains because of the act of that person.
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