False Claims Act (FCA)

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The False Claims Act (FCA) penalizes those who knowingly submit false claims seeking government funds or to avoid paying government debts. Although well intentioned, the law has transformed into a profitable enterprise for plaintiffs’ lawyers and their clients, while hurting American businesses. Total monetary damages under the False Claims Act have risen from $272 million in 1992 to over $2.8 billion in FY 2018. Read More...

The law allows the government to pursue any government contractor suspected of making “false claims” about their goods or services to the government. The law also allows third-party whistleblowers (called qui tam relators) to sue in the name of the government and to keep a large part of any recovery. The statute also allows for treble damages (damages three times the amount of the alleged fraud) as well as significant penalties. Recently the DOJ moved to dismiss some qui tam FCA cases, signifying a positive change in an attempt to address substantial abuse regarding FCA cases. The DOJ has also made several important and helpful policy changes that provide credit to companies that have appropriate compliance programs, self-report FCA violations, assist the investigation and remediate any harm done to the government.

While the need for an anti-fraud statute is clear, plaintiffs’ lawyers have benefited enormously from these FCA lawsuits. Broad language and over-enforcement practices have stimulated significant abuse, turning, in some cases, what should be simple disagreements and paperwork errors into claims for fraud. The U.S. Chamber Institute of Legal Reform (ILR) actively works to promote reforms that will restore fairness and transparency.

Suggested Resources

Research
  • Lighting the Way: FCA Reform and Compliance Program Credit

    Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018

    This paper contends that in order to encourage companies to create and sustain a culture of consistent compliance, particularly with regard to the federal False Claims Act, the U.S. Department of Justice should formalize a policy of offering credit for companies that implement effective compliance and ethics programs. Read More

  • Lawsuit Ecosystem II: New Trends, Targets and Players

    Lawsuit Ecosystem II: New Trends, Targets and Players

    December 04, 2014

    This report, authored by a distinguished group of practitioners, explores the evolving lawsuit "ecosystem." It considers how plaintiffs' lawyers generate litigation and significant developments that will spur more lawsuits or rein in excessive liability. Read More

All Results for False Claims Act (FCA)

  1. In the News Today - July 18, 2019

    July 18, 2019 | News

    New York Federal Judge Tossed FCA Suit Challenged By DOJ... Read More

  2. In the News Today - May 20, 2019

    May 20, 2019 | News

    "Inside The New FCA Cooperation Credit Guidelines"... Read More

  3. DOJ Releases False Claims Act Cooperation Guidance

    May 08, 2019 | News

    The U.S. Department of Justice unveiled new guidance to describe how companies can earn cooperation credit in False Claims Act investigations, Law360 reports.... Read More

  4. In the News Today - March 5, 2019

    March 05, 2019 | News

    "Making The Granston Memo Work For FCA Defendants"... Read More

  5. In the News Today - February 19, 2019

    February 19, 2019 | News

    "Disputes Heating Up Over Gov't Qui Tam Dismissal Authority... Read More

  6. DOJ Moves to Dismiss False Claims Lawsuits Driven By Stock Short Seller

    February 06, 2019 | News

    The U.S. Department of Justice (DOJ) has moved to dismiss two whistleblower False Claims Act lawsuits that were filed by a former hedge fund manager who shorted stock in the companies he sued, Legal Newsline reports in Forbes. ... Read More

  7. In the News Today - February 4, 2019

    February 04, 2019 | News

    The Granston Memo, One Year Later; Are New Data Rules Fueling Securities Litigation in Europe?... Read More

  8. In the News Today - January 29, 2019

    January 29, 2019 | News

    "Can Judges Bar Class Action Settlement Talks Before Certification?;" "Can 'Bundle' Payment Plans Shield Against FCA Liability?"... Read More

  9. In the News Today- January 15, 2019

    January 15, 2019 | News

    "Drop the Climate Lawsuit;" What To Make Of DOJ's 2018 False Claims Act Report"... Read More

  10. In the News Today - January 3, 2019

    January 03, 2019 | News

    "Manufacturers Face The Rise Of Global Class Actions;" "New Strategies to Help False Claims Act Health Care Defendants"... Read More