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The federal government, like any other entity, is often responsible for causing innocent people to be harmed.
The victims in the Cleantech Crash cases were intentionally harmed by government employees in order to protect corruption schemes that those government workers were operating. Department of Energy, Department of Justice And White House employees are liable. We have won previous federal cases proving "Corruption" within government offices.
Hundreds of billions of dollars of cash and stock market revenues were taken from, or blocked from receipt of, our victims, and taken by corrupt government employees for themselves and their friends. The trillions of dollars of money that move through the stock market is very quantifiable in court.
Federal law enforcement, investigative journalists and Congressional investigators have already supplied tens of millions of dollars of forensic research proving our claims. Millions of pages of evidence documents are now posted online for any lawyer to review from the comfort of their laptop computer at any time.
The situations in which we encounter government employee criminal corruption are both frequent and varied.
Many of our victims are now low-income, senior, disabled victims of a felony crime, so they are entitled to free legal aid or government financed legal aid from regional groups financed by the Federal LSC Corporation which is mandated to fund such matters. LSC, though, is a politically left-wing organization, so, sometimes, they must be sued in order to require them to provide non-biased funding from their taxpayer funded budgets.
If you have been victimized by the negligent acts of a federal worker, here is some basic information you should know. Even though the thought of going up against the government is intimidating to say the least, if a government worker, representative, or entity has wronged you, you may need to do this for your safety and to protect your rights. The federal government is a powerful entity with vast resources to use against people who call them out on their mistakes but it is important to stand up for your and your family’s rights. By doing this, you may also be helping others who find themselves in situations similar to yours in the future.
Notice of Claim
The very first task to be performed when suing the federal government is to file a document known as a Notice of Claim. Essentially, this means that you must file a claim with the agency that committed the negligence (i.e., Department of Education, Secret Service, etc.) The Notice of Claim is filed on a standard form 95, commonly known as the “SF95.” It is worth mentioning that the SF95 must contain a “sum certain” claim, meaning that the claimant must identify a specific dollar amount that the claimant is seeking. The SF95 must be filed within the applicable statute of limitations, which is two years from the date the claimant knew, or should have known, of the negligence. If the SF95 is not timely filed, the claim cannot be brought.
Our window of filings is WITHIN the approved limits. Some of our victims have already filed SF95 Forms.
Once the claim has been filed, then “notice” is considered given. At that point, the agency has six months by which to take action on the claim. This means that the government can investigate the matter, and in some situations settle claims. If the government has not taken action then suit can be brought. The legal standard is whether the government has taken a “final administrative action.”
Next, if (a) either settlement has not been effectuated, or (b) no action has been taken, then suit can be filed. Suit must be brought against the United States in the United States District Court. A federal judge will decide what compensation, if any, is appropriate.
The Federal Tort Claims Act ("FTCA") allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment.
If you believe you may have a claim for negligence (careless conduct, or other wrongful or "tortious" conduct) against a federal agency or employee, you must first determine whether you can sue the federal government under the FTCA. Unless your claim is allowed by the FTCA, there is a good chance it will be barred by sovereign immunity. (To learn more about what constitutes negligence, read Nolo's article Negligence, Duty of Care, and Fault for an Accident.)
Note on State Government Liability for Injury: State governments are entitled to the same sovereign immunity that is enjoyed by the federal government, but every state has also passed its own set of laws (often referred to as a "Tort Claims Act") in which the state has conditionally waived that immunity. And in certain situations where the negligent action (or inaction) of a government employee or agency has resulted in personal injury or property damage, citizens may be able to make a claim for damages. To learn about the rules in your state when it comes to filing an injury claim against the government, check out our Injury Claims Against Your State articles collection.
In general, the FTCA is intended to provide monetary compensation for injury, property loss, or death "caused by the negligent or wrongful act or omission of any employee of the Government."
Although the limitations and exceptions are too numerous to review in this article, here are some general guidelines regarding the limitations on FTCA claims:
Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees).
The negligent or wrongful conduct must have been done within the scope of the defendant's employment.
In general, only claims of negligence -- as opposed to intentional misconduct -- are allowed (though some claims for intentional misconduct can be brought against certain federal law enforcement officers).
The claim must be based on -- and permitted by -- the law of the state in which the misconduct occurred.
Despite these and numerous other limitations on FTCA lawsuits, the federal government still pays out millions of dollars each year to compensate FTCA claims. So if you think you may have a valid claim, it may be worth pursuing.
If you determine that you do have a valid FTCA claim, the next hurdle is to follow the prescribed steps for such claims, which include some strict time limits.
Filing an Administrative Claim
In a normal lawsuit claiming negligence, you proceed more or less straight to court. But if you wish to sue under the FTCA, you must first file a claim with the federal agency responsible for the alleged misconduct. For example, if your claim is based on an accident at the post office, you would file your claim with the U.S. Postal Service. During this phase of the process, while your claim is being reviewed by the federal agency, it is referred to as an "administrative claim."
Although not strictly necessary, the easiest way to prepare your administrative claim is to use the federal government's standard claim form, known as a Standard Form 95 or SF 95, which has boxes for all the information you will need to provide. You can get a copy of the form from the Department of Justice's website (at www.usdoj.gov, type "standard form 95" into the search box) or request a copy from the federal agency to which you will be submitting your claim.
Here is an overview of how the administrative claim process works:
You must file within two years. You have two years from the time your claim arises to file your administrative claim with the appropriate federal agency. Because the exact date when your claim arose may be a legal issue in your case, it is important to file your administrative claim as soon as possible to avoid any chance of it being rejected as untimely.
Include facts and damages in your claim. Your administrative claim must include the exact amount of money damages you are claiming, as well as enough facts about your case to allow the federal agency to investigate the merits of your claim. Using a SF 95 form will help ensure that you've included all of the necessary information.
The agency has six months to respond. Once your claim is submitted, the federal agency has six months to rule on it. In some cases, the federal agency may "admit" your claim (that is, agree that your claim is valid) and agree to pay you some or all of the money damages you demanded, and you may not need to go to court.
You then have six months to file a lawsuit. If the federal agency rejects your claim or refuses to pay all the money damages you demanded, you have six months from the date on which the decision is mailed to you to file a lawsuit. Again, file your lawsuit as soon as possible after receiving this decision to avoid any chance of having your lawsuit dismissed as untimely.
You don't have to sue until the agency rules on your claim. If the federal agency fails to rule on your administrative claim within six months, you have the choice of either awaiting the agency's decision or going ahead with your lawsuit. As long as the federal agency is still considering your claim, there is no time limit for you to file a law suit in federal court; the six-month time limit only begins to run once the agency has ruled on your claim.
Once you have gone through the procedures listed above -- a process known as "exhausting your administrative remedies" -- you are eligible to file a lawsuit in federal court to pursue money damages from the government.