Minnesota Department of Transportation

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MnDOT Policies

False Claims Against the State

MnDOT Policy FM002
View/print signed policy (PDF)

Policy statement

Employees of the Minnesota Department of Transportation (MnDOT) must report suspected violations of the Minnesota False Claims Act to the employee’s supervisor, the MnDOT Office of Chief Counsel, or by completing MnDOT’s anonymous Report Wrongdoing/Questionable Activity Form.

Reason for policy

  • Provide a summary of the Minnesota False Claims Act;
  • Provide guidance for MnDOT employees; and
  • Adopt a procedure for MnDOT to use to assess possible false claims.

Who needs to know this policy

All MnDOT employees must comply with the False Claims against the State policy. Every manager and supervisor, who receives a report of a suspected violation of the False Claims Act from an employee, must report the suspected violation to the Office of Chief Counsel.

Definitions

For definitions regarding the Minnesota False Claims Act, refer to Minnesota Statutes §15C.01.

Person

Person means a natural person, partnership, corporation, association or other legal entity but does not include the state or a political subdivision.

Political subdivision

Political subdivision means a political subdivision of the state and includes a department or agency of a political subdivision.

Prosecuting attorney

Prosecuting attorney means the attorney general, if the false or fraudulent claim involves money, property, or services provided by the state; or the county attorney, city attorney, or other attorney representing a political subdivision, if the false or fraudulent claim involves money, property, or services provided by the political subdivision.

State

State means the state of Minnesota and includes a department or agency of the state.

Procedures

Investigation of suspected violations

The Office of Chief Counsel must investigate suspected violations of the Minnesota False Claims Act (MFCA). In its investigation, the Office of Chief Counsel must consult the MnDOT Office of Audit and the Minnesota Attorney General’s Office.

Presentation of investigation findings

The MnDOT Office of Chief Counsel must present findings of its investigations to the False Claims Act Panel (FCAP). The presentation must include, at a minimum, the nature of the claim, the statutory basis for liability, the claimant’s possible defenses and relevant records and documents.

  • The FCAP is composed of three (3) MnDOT personnel appointed by the Deputy Commissioner. The first FCAP consists of MnDOT’s Chief Counsel, Audit Office Director, and Assistant Chief Counsel.
  • MnDOT’s Chief Counsel will convene the FCAP when necessary.
  • The FCAP will present its recommendation to MnDOT’s Deputy Commissioner.

Management of investigation records

The Office of Chief Counsel will maintain the records of the investigation, the recommendation from FCAP and information about the status of individual investigations.

Responsibilities

Office of Chief Counsel

  • The office investigates possible violations of the Minnesota False Claims Act.
  • The office consults with the MnDOT Audit Office and the Office of the Minnesota Attorney General.
  • The office maintains records of the investigation, including the recommendation of the FCAP and the status of individual investigations.

Employees

Employees have a duty to report possible false claims to their supervisor or the Office of Chief Counsel, or MnDOT’s anonymous Report Wrongdoing/Questionable Activity Form.

Chief Counsel

  • The Chief Counsel directs the investigation of possible false claims.
  • The Chief Counsel convenes the FCAP when necessary and serves on the first FCAP.

Forms/instructions

Frequently asked questions

What is a false claim?

Refer to Minnesota Statutes §15C.01.

What types of acts qualify as a false claim?

Refer to Minnesota Statutes §15C.02 (a).

How do I report a false claim?

Employees can report possible false claims to their supervisor, the Office of Chief Counsel, or via MnDOT’s anonymous Report Wrongdoing/Questionable Activity Form.

Why do I have a duty to report false claims?

The MnDOT Code of Ethics Policy holds MnDOT employees “to a high standard of conduct and level of scrutiny.” As such, employees are required to report possible false claims.

Related information

History

Amended/Revised

August 20th, 2013

Effective

August 8th, 2012

Ownership

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer

Deputy Commissioner/Chief Engineer

Policy Owner

Chief Counsel
Office of Chief Counsel

Policy Contact

Deputy Chief Counsel
Office of Chief Counsel