In Oklahoma, major healthcare fraud is civilly and criminally prosecuted by the Northern Eastern and Western District United States Attorney’s Offices and the State’s own Medicaid Fraud Control Unit.
The federal government often accomplishes this task with the assistance of the OklahomaMedicaid Fraud Control Unit (MFCU). The MFCU takes the responsibility of stopping fraud very seriously and is often assisted in its efforts by the bravery and actions of whistleblowers.
Modeled after the federal False Claims Act, the Oklahoma False Claims Act permits private citizens to bring qui tam actions on behalf of the State of Oklahoma to recover treble damages and civil penalties. 63 Okl. St. § 5053 (2008) et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Oklahoma qui tam statute as part of an action under the federal False Claims Act. We do so under the Court’s pendent jurisdiction.
The liability provisions of the Oklahoma False Claims Act, 63 Okl. St. § 5053.1 (2)(B), provide liability for any person who:
(1) knowingly presents, or causes to be presented, to an officer or employee of the State of Oklahoma, 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 to get a false or fraudulent claim paid or approved by the State;
(3) conspires to defraud the State by getting a false or fraudulent claim allowed or paid.