The False Claims Act does not explicitly define what it means for a claim to be “false or fraudulent.” However, courts have interpreted these terms very broadly. TheSupreme Court of the United Stateshas stated that the phrase “false or fraudulent claim” reaches “all types of fraud, with...
the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of...
Damages in Reverse False Claim Cases.A violation of the FCA occurs in the context of a reverse false claim when a defendant makes a false statement to conceal, avoid, or decrease an obligation to the government. Damages under a reverse false claim theory of liability are usually measured by ...
This creates a great deal of legal room for defendants to claim that they did not know that what they were doing amounted to a false claim. This tends to be an area of False Claims Act litigation of great contention. Attorneys prefer cases in which it is possible to make that claim ...
Violations of the False Claims Act lead to penalties of up to $11,000 per claim and treble damages. If each individual payment is considered a claim for purposes of the False Claims Act, a hospital's liability could be enormous, even though the hospital ultimately receives no overpayment. ...
Stevens majority opinion also written by Justice Scalia discussing whether relators have judicial standing under Article III, qualifies that the relator is on “partial assignment of the Government’s damages claim.” A ‘partial assignee’—to which only some rights are transferred—may “assert the...
“conflate[] ‘the materiality element of the FCA claim’ with ‘actual damages.’”Id.at 1174. In considering other cases in which the full contract price was awarded as damages, the court distinguished those cases as involving goods that “were either plainly unusable, not used, or returned...
To summarize, False Claims Act violations require two things. First, the false claim needs to be perpetrated against a Federal, State or Government agency. Secondly, the culprit needs toknowinglyattempt to defraud the government. Once these are proven severe civil penalties will be enforced. ...
Yet feminists, who claim to be motivated by a desire for greater gender equality, have no interest in reducing this disparity. Instead they are lobbying to make this justice gap even broader (see this article, with further examples amongst the various linked articles listed below). Readers can...
On October 20, 2021, the Wisconsin legislature introduced a bill that would “restore[] a private individual’s authority to bring a qui tam claim against a person who makes a false claim for medical assistance, which was eliminated in 2015 Wisconsin Act 55.”[76] The bill also provides ...