Animal advocates (both individuals and organizations) consistently face issues of standing when advocating for animal protection and better welfare. Only the government can enforce most statutes that protect animals against cruelty. Another obstacle animal advocates face are the costs associated with filing lawsuit when monetary compensation is negligible or nonexistent. In many circumstances, such as the one I previously discussed regarding the allegations of negligence against the contractors that operated the Ponce Animal Shelter, private citizens have voiced their concerns for years before government officials decide to take action if they ever do.
For these reasons, animal protection organizations have come up with creative ways to find redress for animal abuse cases. One of these means that is getting more attention is filing suits under legislation that provides a private actor cause of action for fraud in government contracting.
Animal protection organizations have filed lawsuits under this legislation when contractors have failed to follow the terms of the government contract where there is an express or implied obligation to protect or consider animal welfare or protection. This legislation, which exists in most US states and the federal sector, allow individuals or organizations to sue contractors on behalf of the government for failure to follow the contract, or the relevant laws and regulations when contracting or filing claims for providing services.
The Fraudulent Claims for the Government of Puerto Rico’s Programs, Contracts and Services Act
In Puerto Rico, lawsuits for fraudulent claims to the government can be filed under Act No. 154 of July 23, 2018, or the Fraudulent Claims for the Government of Puerto Rico’s Programs, Contracts, and Services Act, 32 L.P.R.A. secciones 2931-2935. The law protects the government against fraud by contractors and by recipients of government services and programs.
According to Article 4.01(1) of the Act, any person who makes a false claim for government services, benefits, or payments; uses a false record to make such a claim; or conspires to do any of the above is civilly liable. The law states liability to the government is between $11,181 and $22,363 but will be adjusted annually by the Federal Civil Penalties Inflation Adjustment Act Improvements Acts. In addition to compensating the government for the loss under the contract, or loss in providing services or benefits under a false claim, any person found liable is also subject to treble damages, or up to three times the amount paid in compensation, making the potential for recovery substantial. The responsible party will also be liable for attorney’s fees and litigation costs.
Article 4.02(2) states that a lawsuit can be filed by the Department of Justice or any private citizen in the name of the government. When an individual files in the name of the government, they are called a relator (or, in Spanish, a “delator”). The information used by the relator to file suit must be new information not already identified by a government agency or contractor whose duty is to detect fraud. If filed by a private citizen, this person must, at the same time as filing the suit, summon the government and provide the government with 60 days to intervene and substitute the citizen as the plaintiff.
During these 60 days, the complaint remains under seal, and the sued party is not notified. The government can choose to intervene or substitute the relator in the suit, or allow the relator to continue the lawsuit on their behalf. The relator will receive a percentage of the compensation whether or not the government chooses to intervene. The amount of this percentage depends on whether the government decides to intervene. If the relator has to try the entirety of the case, their compensation will be higher.
The government can also ask the court to close the case at any moment by presenting a motion explaining the reasons. If the relator objects, the court will hold a hearing to discuss the request and objection.
Fraudulent Claims under the federal False Claims Act
Animal protection organizations have successfully filed lawsuits and recovered for damages under the federal version of the federal False Claims Act, 31 U.S.C. sections 3729-3733. In 2008, the Human Society of the United States (HSUS) brought suit under the federal False Claims Act against a meat processor that provided lunches under federal programs. The complaint filed by HSUS alleged failures to comply with humane slaughter laws and regulations. More recently, in 2017, Animal Outlook filed suit against a lamb meat processor for failing to comply with the Humane Methods of Slaughter Act, and related regulations. The federal government intervened in this case, and the case was settled.
Conclusion
Puerto Rico’s government is choosing to contract out many of the animal welfare and protection services it must provide by law. These include the government’s obligations towards its overpopulation of domestic animals and the shelters where these animals are taken and cared for. Act No. 154 of 2018 provides private citizens who can gain verifiable evidence of animal abuse or neglect the opportunity to hold these contractors responsible, receive compensation for their justice work, and better the welfare of animals– all at the same time.
Thank you for reading! I hope this information helped with your advocacy efforts. If you would like me to write about any topic in particular, please contact me.