Can I Sue the Government for Wasting Tax Dollars and Creating Debt?
It is very difficult to sue the government for matters of poor judgment exercised in the performance of duties unless a legal basis such as gross negligence or beyond authority is shown. A claim of unconstututionality is often brought against a specific law, but there is no general liability statute for the overall way government is run. Absent "consent," the federal government, its departments and agencies are immune from suit. Sovereign immunity extends to Indian nations, government officials acting in their official capacity. and, to the extent that Congress has cloaked them with immunity, federal corporations. The 11th Amendment to the U.S. Constitution provides that, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Sovereign immunity does not prevent an injured private party from suing a state officer and obtaining an order that the officer cease conduct that violates federal law. Another important exception is that states have no immunity from suits brought by other states or by the United States. There is an exception for cases in which a state consents to suit or in some other way waives its sovereign immunity. Also, Congress can abrogate state sovereign immunity by passing a statute that expressly provides for private damage suits against states.
A claim under the Federal False Claims Act is filed on behalf of the United States, and often referred to as a "qui tam" action. It deals with cases of fraudulent practices. A qui tam suit is a suit brought by an individual on behalf of the United States government seeking to expose and thereby stop the wasting of federal funds. Fraud The qui tam relator, often referred to as a whistleblower, if successful in his or her suit, is entitled to a percentage of the funds recouped by the federal government, generally between 15 to 25 % of the recovery. The claim is brought by anyone with knowledge of the fraud, including health care administrators, doctors, nurses and patients. However, a private citizen or company can not file a qui tam action without an attorney. This is because the relator brings his or her case on behalf of the government, and the U.S. government can not be represented in court by a non-attorney. For example, if you have knowledge that a company or financial institution has fraudulently obtained TARP money, or used the money contrary to the rules and regulations, you may have a qui tam claim that would allow you to recoup money for the taxpayers, and a financial reward for your information.
To impact the process, and do something for change, you may consider becoming politically active. There are many watchdog groups and advocacy organizations out there seeking support on these issues.
Please see the information at the following links: