Damages are the most critical issue in aqui tamcase. The False Claims Act (the “FCA”) was enacted to provide restitution to the government for losses sustained as a result of fraud. The statute authorizes the
Despite the extraordinary damages provisions of the False Claims Act (FCA), many companies were willing to take the litigation risk of fighting claims brought by relators based on relatively untested theories. However, intervention by the government in such cases brought with it the th...
This week, the Second Circuit upheld a dismissal from the Southern District of New York holding that a defendant did not fulfill the False Claims Act (“FCA”) or Anti-Kickback Statute (“AKS”) scienter requirements where the defendant sought and received favorable advisory opinions from the ...
Our False Claims Act experience and track record successfully defending companies in the government contracts and logistics space is unmatched. We have defended allegations focused on issues including fraud in the inducement; failure to meet contractual or regulatory ...
Investigations and litigation under federal and state False Claims Acts (FCA) can be among the most complex disputes that companies and individuals in heavily regulated industries can confront. Penalties and damages in FCA cases can, and do, pose an existential threat to most defendants. ...
Overview of the FCA and Its Qui Tam Provisions Meaning of “Claim” in the False Claims Act Substantive Violations Procedures for Filing a Qui Tam Suit by a Whistleblower Pitfalls of Filing a Qui Tam Suit False Claims Act Damages and Penalties Statute of Limitations for Qui Tam Suit Qui Tam...
On June 29, 2016, the Department of Justice ("DOJ") issued an interim rule—the Civil Monetary Penalties Inflation Adjustment, 81 Fed. Reg. 42,491 (June 30, 2016)—that will nearly double civil penalties for False Claims Act ("FCA") violations. The rule imp...
This ensures that the FCA captures indirect fraud schemes and subcontractor misrepresentations that ultimately affect federal funds. Penalties for Making a False Claim Individuals or entities found liable under the False Claims Act can face substantial penalties. Penalties typically include: Treble damages...
to trial and the Relator and government prevail, the jury will determine the total amount of damage suffered by the government. Once the jury decides this number, the judge will treble it and calculate the additional civil penalties incurred by the defendants for violating the False Claims Act....
The False Claims Act The FCA serves as the primary mechanism by which the federal government combats fraud in government programs, imposing potential substantial penalties where companies materially fail to comply with statutory, regulatory, or contractual requirements or otherwise knowingly submit...