A statute with treble damages, per-claim penalties, and private plaintiffs who sue on the government’s behalf.
Esshaki Legal Media TeamCurrent as of January 2024
The False Claims Act imposes liability for knowingly presenting false claims for
payment to the government, or for false records material to such claims.
Knowingly includes actual knowledge, deliberate ignorance and reckless
disregard. No specific intent to defraud is required.
Falsity theories. Factually false claims for goods not delivered; legally
false claims where a certification of compliance was untrue; implied
certification, where a claim asserts compliance by requesting payment for
services rendered while omitting non-compliance with material requirements.
Materiality is a demanding and central element. Continued government payment
with knowledge of the non-compliance is strong evidence that the requirement was
not material.
Reverse false claims cover knowing avoidance of an obligation to pay the
government, including retention of overpayments beyond statutory periods.
Qui tam procedure. A relator files under seal, the government investigates
and elects to intervene or not, and the relator receives a percentage of any
recovery. The seal period, extensions, and the public disclosure and
first-to-file bars all shape the case.
Damages and penalties. Treble damages plus per-claim civil penalties, which
in high-volume billing contexts can dwarf the actual loss and raise
constitutional excessiveness arguments.