PL False Claims Act Violations, Damages, and Penalties (DC 2-381.02)

District of Columbia Official Code 2001 Edition

Division I. Government of District.

Title 2. Government Administration.

Chapter 3B. Other Procurement Matters.

Subchapter I. Procurement Related Claims.

§ 2-381.02. False claims liability, treble damages, costs, and civil penalties; exceptions.

PL Government Prosecutions and Qui Tam Actions (DC 2-381.03)

District of Columbia Official Code 2001 Edition

Division I. Government of District.

Title 2. Government Administration.

Chapter 3B. Other Procurement Matters.

Subchapter I. Procurement Related Claims.

§ 2-381.03. Corporation counsel investigations and prosecutions; powers of prosecuting authority; civil actions by individuals as qui tam plaintiffs; jurisdiction of courts.

SFST Training Manuals

The National Highway Traffic Safety Administration (NHTSA), part of the US Department of Transportation (US DOT), publishes a course given to law enforcement officers around the country to understand, administer, detect and document field sobriety test. Originally called the DWI (Driving While Intoxicated) Detection and Standardized Field Sobriety Testing course, the newer version is now called Advanced Roadside Impaired Driving Enforcement (ARIDE) manual.

The following SFST Training and ARIDE manuals are available for download and review:

 

Civil Enforcement Section

Matters handled by the Civil Enforcement Section include:

Alcoholic Beverage Control

The Section prosecutes violations of the District’s alcoholic beverage control laws before the Alcoholic Beverage Control Board. The Board may fine, and suspend or revoke the alcoholic beverage licenses of licensees that are the subject of the Section’s prosecutions.

Complaints about alcoholic beverage licensed establishments may be made to the Alcoholic Beverage Regulation Administration at the hotline at 202-329-6347.

Civil Forfeiture

The Section litigates forfeiture actions in D.C. Superior Court against property seized by the Metropolitan Police Department that is involved in certain criminal offenses. Seized property, such as vehicles and U.S. currency, may be subject to civil forfeiture if property was involved in the offenses of illegal firearms possession, illegal drug transactions, prostitution, gambling, illegal dumping, counterfeiting, and driving with a false temporary vehicle tag.

Persons with an interest in property that is subject to civil forfeiture may contact the District’s Metropolitan Police Department’s Evidence Control Branch at (202) 727-3230.

Education Licensure Enforcement

The Section defends decisions of the Office of the State Superintendent of Education to reject applications for new educational institutions before the District’s Education Licensure Commission. The Section also prosecutes license holders before the Commission to suspend or revoke education licenses for regulatory violations.

Financial Regulation

On behalf of the Commissioner of the Department of Insurance, Securities and Banking (DISB), the Section institutes liquidation or rehabilitation proceedings in D.C. Superior Court seeking to liquidate or rehabilitate insurance companies who are undercapitalized and thus unable to conduct business in the District. The Section also represents DISB in other financial actions, such as actions to enforce the Commissioner’s orders in securities matters.

Health Professional Discipline

The Section prosecutes licensed health professionals for violations of the Health Occupations Revision Act (HORA). Enforcement actions to fine health professionals or suspend or revoke their licenses are held before their respective licensing boards.

Complaints about health professionals licensed to practice in the District of Columbia may be made to the D.C. Department of Health at (202) 442-5955.

Human Rights Violations

On behalf of the District, the Section institutes legal action based on claims for unlawful discrimination filed at the Office of Human Rights (OHR) alleging Human Rights Act housing violations. Claimants who obtain a probable cause finding from OHR may elect to have their cases heard before the Commission on Human Rights or in D.C. Superior Court. The Section brings enforcement actions in D.C. Superior Court when claimants select that forum.

Complaints about human rights violation may be made to the D.C. Office of Human Rights at (202) 727-4559.

Local Business Certification

Small and local businesses in the District obtain certification from the D.C. Department of Small and Local Business Development (DSLDB) to help them compete in District government procurement contracting. The Section represents the District in enforcement actions to suspend or revoke a business certification for violation of the laws regulating certification. The Section also defends the decision of the DSLDB Director to deny certification.

Medical Recovery

Where the District pays the healthcare costs of indigent persons who later obtain a financial recovery due to the injuries sustained, the District may be entitled to recover its Medicaid funds. The Section takes action on behalf of the District in D.C. Superior Court, in probate proceedings or against third parties, if necessary, to recover Medicaid costs. The Section also seeks to recover healthcare funds expended on behalf of the District’s injured employees, including police officers, by taking legal action against third party tortfeasors where appropriate.

Complaints about the failure of employers to pay wages can be made to the D.C. Department of Employment Services at (202) 727-7000.

Workers Compensation Recovery

The Section seeks to recover lost wages suffered by District employees due to injuries caused by third parties. The Section does this by instituting enforcement actions in D.C. Superior Court if necessary.

Criminal Section

The Office of the Attorney General for the District of Columbia (OAG) is one of two prosecutorial entities in the District, the other being the United States Attorney’s Office. The Criminal Section of the Public Safety Division (PSD) of OAG prosecutes adults who commit certain criminal offenses within the District. Specifically, the Criminal Section prosecutes five primary categories of criminal offenses:

Criminal Traffic Offenses

  • Impaired Driving Offenses
  • Reckless Driving, Speed in Excess of 30 mph over the Posted Limit
  • Leaving After Colliding
  • Operating After Suspension
  • No Permit

Certain Weapons Offenses

  • Unregistered Firearms
  • Unlawful Possession of Ammunition
  • Possession of a BB Gun
  • Possession of Illegal Self Defense Spray
  • Possession of a Destructive Device.

Quality of Life Offenses

  • Possession of an Open Container of Alcohol
  • Disorderly Conduct
  • Indecent Exposure
  • Metro Misconduct offenses
  • False Report to the Police
  • Fishing Without a License
  • Drinking in Public

DC Municipal Regulation Offenses

  • Unleashed Dogs
  • Counterfeit Vehicle Tags
  • Vending Violations

Certain Fraud Against the District Offenses

  • Tax Fraud
  • Welfare Fraud

Traffic Safety Resource Prosecutor’s Blog

Useful Links

Traffic Safety Links

Impaired Driving Prevention Links

Law Enforcement Links

Firearm Safety and Registration Links

Other Useful Links

Campaign Finance Transparency and Accountability Amendment Act of 2017

February 6, 2017

B22-008: Campaign Finance Transparency and Accountability Amendment Act of 2017

Office of the Attorney General (OAG) attended hundreds of community meetings over the last two years and a constant concern heard from residents was the need for a transparent, ethical, and fair government. In particular, residents were concerned with the perception that large campaign contributions can affect the outcome of government decisions and awards. The residents of the District of Columbia have charged OAG with promoting the public interest. With that mandate, and after a close examination of current laws, court decisions, and strong Council proposals, Attorney General Karl A. Racine introduced Bill 22-008 to strengthen three major pillars of the District’s campaign-finance law: 1) ending pay-to-play politics; 2) making political donations transparent, and 3) creating a “bright line” between candidates and PACs. The proposal also includes other provisions that tighten the District’s campaign-finance laws. Bill 22-008 was introduced on January 5, 2017, and jointly-referred to the Committee of the Whole and the Committee on the Judiciary.

Ending the Appearance of Pay-to-Play Politics

  • “Pay-to-play politics” is a term that many D.C. political observers have used lately. It means that, when you donate to a politician, you get something of value in return.
  • Under current law, donors to D.C. political campaigns can receive major financial benefits from the District government.
  • This campaign-finance bill addresses this problem by saying if someone, including a corporation, donates to a campaign or a PAC, they cannot engage in any major business with the District for two years, including:
    • Large business contracts;
    • Major grants; and
    • Significant tax breaks.

Making Political Donations Transparent

  • The Supreme Court has said that the government can’t limit someone’s independent expenditures (in other words, spending to support or oppose a candidate without actually working with a campaign).
  • But government can put important disclosure requirements on this kind of spending to make sure the public knows where the money is coming from.
  • Under current law, anonymous donors are able to give unlimited amounts of money to an organization in order to make independent expenditures, as long as that organization doesn’t have electioneering as its principal purpose. So anyone could set up an entity and skirt our disclosure laws.
  • The legislation addresses this problem by making sure that all organizations making independent expenditures, not just primarily political ones, have to disclose their donors

Creating a “Bright Line” Between Candidates and PACs

  • The Supreme Court’s rulings make clear that, as long as someone is working with a campaign, their spending can be subjected to sensible regulations, like dollar limits
  • Under current law, there is a lot of activity that individuals, corporations, and PACs can engage in that isn’t regulated – even though they are actually working with a campaign.
  • The proposal would ensure that when someone works with a campaign, they are subject to all the regulations that help keep our elections clean and transparent.

Other Provisions

  • The bill would also ensure that members of boards and commissions appointed by District government officials go through the same rigorous ethics training that District government employees undergo.

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