False Claims Act Penalties Will Substantially Increase under New Interim Final RuleDavid M. Nadler
A complete overview of the Federal false claims act (FCA) - the secret weapon of of the Govt. used to combat fraud and incentivize whistleblowers. See the important parts of this litigation tool explained simply.
(A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (...
TheFCAcallsforcivilpenaltiesintheamountof$5,500to$11,000perfalseclaim,aswellasdamagestotalingthreetimestheamountofdamagesustainedbythegovernmentasaresultofthefalseclaims.ViolationoftheFCAcanalsobegroundsforexclusionfromparticipationinfederalandstatehealthcareprograms.Generally,thefederalFCAappliestoanyfederallyfundedpro...
The FCA imposes a penalty for each violation of the statute, as well as “3 times the amount of damages which the Government sustains because of the act of” the defendant. 31 U.S.C. § 3729(a). In cases involving allegations that claims for payment were “tainted” by a defendant’...
To illustrate the increased penalties, consider a hospital that allegedly submits 10 false claims per day over a three-year period (a total of 10,950 false claims). Under the old rule, the hospital's maximum potential civil penalties would have been $120,450,000...
constitutes a violation, the penalties for submitting a false claim are staggering. Civil penalties range from $5,500 to $11,000 foreachfalse claim (which, in any given case, can run into the thousands of claims), treble damages, costs, expenses, and attorneys' fees. T...
Section 3730. Civil actions for false claims (a) Responsibilities of the Attorney General.–The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civi...
There is also a criminal FCA, which can levy punitive measures such as imprisonment upon individuals, in addition to civil penalties. Unique to the FCA’s structure is the right of private citizens – often referred to as “relators” or “whistleblowers” – to pursue FCA claims on beha...
Trump's wild and cruel rally rant undermines claims he's unbothered by impeachment 03:13 Washington CNN — President Donald Trump’s final campaign rally of 2019 was not only his longest ever but his most dishonest too. Trump made 81 false claims in the week running from December 16 ...