Georgia Taxpayer Protection False Claims Act
The Peach State Gets Tough on Fraud against the Government
Georgia’s Taxpayer Protection False Claims Act became effective on July 1, 2012. Georgia’s newest whistleblower law is not its first, but it is its most expansive. While an earlier Georgia law only protected government employee whistleblowers and, another, just pertained to Medicaid Fraud, the latest law allows any person with first-hand knowledge of fraud against the government occurring within the State’s counties, municipalities, school districts, hospital authorities, transit system (MARTA) and any political subdivisions, to be rewarded for coming forward with information which leads to the recovery of taxpayer dollars.
The new law largely mirrors the Federal False Claims Act which dates back to the Civil War. To date, the Department of Justice has recovered over $30 billion under the Federal False Claims Act with the assistance of credible whistleblowers, who receive 15-25% of the government’s recovery in an intervened case.
The Georgia Taxpayer Protection False Claims Act contains the same liability and damage provisions as the federal act. False claims presented to the government for payment must be submitted knowingly. However, knowing conduct also includes actions taken in deliberate ignorance or in reckless disregard of the truth or falsity of the information. Damages may be trebled and civil penalties of not less than $5,500 and not more than $11,000 for each false or fraudulent claim may be imposed on fraudsters. Unique to Georgia’s Act, if the individual or company committing the fraud cooperates fully with the government and did not have actual knowledge of the fraud, the damages may only be doubled. The whistleblower’s attorney’s fees and expenses are also recoverable, if the case is successful.
Like the Federal False Claims Act, once the case is filed, it is placed under seal for 60 days to allow the government to conduct an investigation without the defendant’s knowledge. This 60 day time period may be extended with the consent of the court. Should the government decide to intervene in the case, it assumes control of the litigation, and the whistleblower, known as a relator, becomes a participant in the government’s case.
Should the government decline the case, the relator has the opportunity to continue to prosecute the case with his or her whistleblower attorney. The government still retains the option to intervene in the case at any time. Should the relator in a non-intervened case be successful, he or she will receive 25-30% of the total recovery.
Some other important features of Georgia’s Taxpayer Protection False Claims Act include:
- A requirement that a private person wishing to file an action obtain the written consent of the Attorney General. See O.C.G.A. § 23-3-122(b)(1).
- An anti-retaliation provision, which provides for job reinstatement, two times the amount of back pay, interest on the back pay, and compensation for any special damages including litigation costs and attorney’s fees. See O.C.G.A. § 23-2-122(l)(1)-(2). The retaliation action must be brought within three years of the retaliatory activity. Id. at § 23-2-122(l)(3).
- A relaxed pleading standard for fraud which explicitly does not require the relator to identify specific claims that result from the fraudulent conduct, but only facts, that if proven true, would create a “reasonable indication” that the Act was violated. See O.C.G.A. § 23-3-123(c).
As with the Federal False Claims Act, the person who comes forward first and with the best information gets the opportunity to be rewarded.
IF YOU HAVE INFORMATION CONCERNING FRAUD AGAINST ANY FACET OF THE GOVERNMENT OF GEORGIA, PLEASE CONTACT THE WHISTLEBLOWER LAWYERS AT LK AT (800) 315-3806, FOR A FREE CONSULTATION. WE HAVE A NATIONWIDE PRACTICE AND EXPERIENCE WITH PROVEN RESULTS.
IMPORTANT: If you believe you have evidence of fraud against the government, securities fraud, commodities fraud or IRS or New York State tax fraud, contact us for a free, confidential consultation by calling our 24/7 toll-free hotline at (800) 315-3806 or by submitting an email inquiry.
WHISTLEBLOWER NEWS
- 2017 False Claims Act Year in Review: Government Recovers $3.7 Billion
- Do You Work For A Motor Vehicle Manufacturer, Supplier, Or Dealership And Came Across Safety Violations Your Employer Is Trying To Keep Hidden? Don’t Let Them Get Away With It, Call Now!
- 2016 False Claims Act Year in Review: Whistleblowers Collect $519 Million
- New Study Confirms Importance of Whistleblowers in Preventing Corporate Fraud
- Where was the Wells Fargo Whistleblower? Part II.
- Fiscal Year 2016 Record Year for SEC Whistleblowers - $57 Million Awarded to Whistleblowers!
- SEC Investigating Wells Fargo Fraudulent Practices
- Whistleblower First! SEC Rewards Whistleblower $3.75 Million For Reporting Violations of the Foreign Corrupt Practices Act.
- Did Your Employer Actually Qualify For That Government Set-Aside It Received? Did Your Competition Win A Contract It Didn’t Deserve?
- Hiding Wealth Offshore To Avoid Paying Taxes Is Illegal And IRS Will Reward Those Who Blow The Whistle On Anyone That Tries
- Aware of Banks and Mortgage Lenders Defrauding the Government Through FHA or VA Insured Loans? Don’t “Short” The Market, Contact Us!
- U.S. Education Department Creates New Unit to Investigate Student Aid Fraud
- The False Claims Act Year in Review: Whistleblowers Collect a Record $597 Million
- False Claims Act Update: Top Recoveries & Enforcement Trends from 2014
- Whistleblower Attorneys Recover $1M in Medicare Fraud Case
- Qui Tam Attorney Discusses the DOE’s Final Gainful Employment Rules
- Career Education Corporation Agrees to $10.5 Million Settlement Over Inflated Employment Rates
- Pharmaceutical Company to Pay $40.1 M to Settle Whistleblower Lawsuit
- Qui Tam Lawsuit Involving Healthcare Fraud Intervened by US Government
- Medicare Fraud Responsible for $23 Million Paid to the Dead in 2011?

Find out whether you have a case by speaking to one of our experienced lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.


Know the Difference
Committed to Doing What's Right-
Over $3 Billion Won
We have represented numerous individuals and groups of workers, winning for them multi-million-dollar settlements and verdicts.
-
There's No Case Too Big
Our team has achieved groundbreaking victories in highly complex cases and has gone up against some of the toughest defendants in the country.
-
Trial Attorneys
Our attorneys excel in the courtroom and are not afraid to bring a case in front of a jury if a fair settlement for the client has not been reached.
-
A Thought Leader in the Industry
Our firm's knowledge and experience are in high demand, and many news outlets have asked us to share our legal expertise.
-
Access to World Class Resources
Our experienced attorneys use cutting-edge technology and highly regarded experts to help us achieve the best possible result for our clients.
-
Changing the World for Good
We not only want to achieve the best possible results for our clients, but we also strive to prevent future harm by changing public health policies.

Thousands of Clients Helped
Hear What They Have to Say
-
Professional, responsive and very good at their jobs.
“From the first visit to my home, to my last visit to the office to collect my settlement, I was very happy with the services provided by this firm. They are professional, very responsive and very good ...”
- Lisa Ross -
They have truly gone above and beyond.
“I have been beyond pleased how Levy Konigsberg is handling my matter. They answer my questions in a timely matter and when warranted, ease my worries and concerns. They have truly gone above and ...”
- Anne Fahey -
I put my Faith and Trust into Corey Stern!
“Selecting a Law firm to represent me was one of the biggest decisions I've had to make in my life. I put my Faith and Trust into Corey Stern, and he exceeded all my expectations.”
- Dennis McGowan -
With this team on my side we came out on top.
“Levy Konigsberg and team are a group of men and women that give their all, down to the receptionist. I had a case that was almost unbeatable but with this team on my side we came out on top. They keep ...”
- Angie Garrido -
Very happy with our settlement.
“My husband and I were VERY happy with our experience with this firm. They were always caring and really helped us go through this in a very hard time in our lives .We continue to be in touch with the ...”
- Lori Rosa -
Wow is all I can say.
“It has been a few years now but I needed to post this. My dad suffered so much from Mesothelioma. My brother looked into the law and our rights. Unfortunately he died also before anything was done. It ...”
- Carol N. -
Their dedication to receive the highest results for their clients was amazing.
“Working with Levy Koningsberg LLP was a very positive experience. Their professionalism and curiosity was outstanding. I was a pleasure working with this firm. Their dedication to receive the highest ...”
- Emily DeRogatis -
Such a great team!
“The whole team at Levy, Konigsberg LLP have been extremely professional and kind during our most difficult time. They keep you informed during the process, check in often asking if there are any ...”
- Kevin Kober -
We definitely got the right law firm!
“Levy Konigsberg represented my daughter Linda, who was diagnosed with mesothelioma at 16 years old. She endured many surgeries and chemotherapy including HIPEC. She traveled the country seeking ...”
- Mark Wells -
Levy Konigsberg continued to help my family fight for the justice my father deserves.
“Levy Konigsberg was there for my father as soon as he was diagnosed with mesothelioma they helped him get medical treatment in another state that specializes in his condition and even provided housing ...”
- Stephanie Vitale


Our Blog
-
Do You Work For A Motor Vehicle Manufacturer, Supplier, Or Dealership And Came Across Safety Violations Your Employer Is Trying To Keep Hidden? Don’t Let Them Get Away With It, Call Now!View Article
- Whistleblower / Qui Tam
-
2016 False Claims Act Year in Review: Whistleblowers Collect $519 MillionView Article
- Whistleblower / Qui Tam
-
New Study Confirms Importance of Whistleblowers in Preventing Corporate FraudView Article
- Whistleblower / Qui Tam