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False billing
From Wikipedia, the free encyclopedia
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False billing, also known as fraudulent billing or billing fraud, is a fraudulent act of invoicing or otherwise requesting funds from an individual or firm without showing obligation to pay. This could be fraudulent billing for part of the work done (over-billing with the intent to defraud), or that no work was done at all.
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Such notices are, for example, sent to owners of domain names, goods and/ or services not provided, or purporting to be legitimate renewal notices, although not originating from the owner's own registrar.[1] Other examples are overbilling and fraudulently adding fake fees and taxes (see below).
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Attorney bills
According to the American Bar Association rules governing lawyer's ethics, a false bill, invoice, or statement, this would be a misrepresentation that could result in sanctions. An attorney has a fiduciary duty under Rule 1.1 to their client of competent representation, and competence with billing is part of that.[2] The lawyer has a specific duty under Rule 1.4 (b) to explain matters in order for them to make needed and informed choices about their lawyer's work.[3] There are many more specific requirements under ABA Rule 1.5, Fees, for example, the bill must be "reasonable", which has been defined in great detail since 2014.[4]
If a false bill is sent to a third party to pay, it would violate Rule 4.1, "Truthfulness In Statements To Others ... Misrepresentation."[5]
False billing has become a serious problem, according to the ABA Journal, whereby big law firms allegedly overbill clients.[6]
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Notable examples
- Akorn#History
- Booz Allen Hamilton#Procurement fraud settlement
- Drug rehabilitation#Criticism
- Dubin v. United States
- Federal District Metro (Brazil)
- Fontainebleau Las Vegas#Financial issues:_2009
- Lumen Technologies
- Operation LabScam
- Oswego Community Hospital
- Prem Reddy#Controversy and Prime Healthcare Services#Controversies
- Rick Scott
- RKO General
- Sumitomo Heavy Industries#History
- Toronto Community Housing#2013 Fraudulent billing
- Maryanne Trump Barry#Allegations of tax evasion
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References
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