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FALSE CLAIMS ACT

The Federal False Claims Act (“FCA”) prohibits individuals and companies from submitting false or fraudulent claims or statements to the United States government. The FCA applies to any false claims or statement submitted to receive payment from the government for any goods or services. 

For example, the FCA applies to any submissions from a government contractor seeking payment under a contract to provide goods or services to the government. The FCA applies not only to invoices themselves, but to all certifications, attestations, or underlying documentation used to support, or submitted as part of, a request for payment.

The government may bring a suit against an individual or company it claims has violated the FCA. If successful, the government can obtain up to three times any funds paid out by the government as a result of the false claim. In addition, the court can levy a fine for each false statement submitted by the defendant. Moreover, an individual citizen may bring a qui tam, or whistleblower suit against an individual or company on behalf of the government. If successful, the whistleblower may receive up to 30% of the money recovered as a result of the suit.

An FCA claim can cause great disruption and expense for a company targeted by the claim. Often, the best way to protect oneself from such a claim is to have a robust compliance program in place which educates employees on the requirements of working under a government contract and audits claims submitted to the government to ensure compliance with all rules and regulations. If a company learns that it is the subject of an FCA complaint, it is important to take affirmative steps to investigate the claim, rectify any deficiencies found through the investigation, consult with legal counsel, and communicate with the government to arrive at a resolution of the matter.

For more information on our False Claims Act experience within the higher education industry, please click here.

Blog Posts

Blog Browse: What can recent FCA decisions tell us about the Seventh Circuit pleading standard for health care billing fraud claims?

DOJ continues to pursue health care fraud during COVID-19 pandemic

The Federal Priority Act: How ‘secure’ is a secured creditor if the debtor is subject to a federal claim or investigation?

DOJ continues to investigate, seek recoveries over compounding pharmacy fraud

Escobar case limits False Claims Act liability for providers

Record-breaking FCA settlements underscore importance of Stark Law compliance

Why health care entities should pay attention to the Federal Priority Act

The government gets paid first: The surprising reach of the Federal Priority Act

Litigation and enforcement under Civil False Claims Act: An upcoming national program

Publications

What can recent FCA decisions tell us about the Seventh Circuit pleading standard for health care billing fraud claims?

What receivers need to know about the Federal Priority Act

A government contractors’ checklist for building a FAR combating-trafficking compliance plan

Credit for cooperation: What you need to know about the DOJ’s new guidelines for FCA investigations

3 compliance obligations you may not know you have

Claire Schenk and Scott Lane publish "False Claims Act Whistleblowers in the Year 2011: Perils, Pitfalls, and Profits"

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Bill has represented major corporations in high-stakes litigation for more than 30 years.

Bill has represented major corporations in high-stakes litigation for more ...

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For more than 20 years, Evan has served as a trusted advisor to hospitals, health care systems, long-term care facilities, health plans, physicians, and other businesses ...

For more than 20 years, Evan has served as a trusted advisor to hospitals, ...

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Brian practices in the Firm's business litigation and health care litigation areas, where he represents both plaintiffs and defendants in complex commercial litigation an...

Brian practices in the Firm's business litigation and health care litigatio...

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Steve represents financial institutions, businesses and constituencies in federal and state courts throughout the United States in a wide variety of major commercial disp...

Steve represents financial institutions, businesses and constituencies in f...

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Jan is a former United States Attorney with extensive trial experience who represents companies and individuals in major litigation and regulatory actions.

Jan is a former United States Attorney with extensive trial experience who ...

Jan Paul Miller
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As a former Assistant United States Attorney, Claire advocates for clients in the areas of health care fraud and abuse, False Claims Act litigation and other complex whit...

As a former Assistant United States Attorney, Claire advocates for clients ...

Claire Schenk