David W. Ogden: False Claims Act Should Be Reformed

On July 30, 2014, David W. Ogden, former Deputy Attorney General of the United States and current partner with WilmerHale, urged Congress to amend the False Claims Act while testifying before the U.S. House Judiciary Committee's Subcommittee on the Constitution and Civil Justice. "The False Claims Act has been a focus of both my government service and my private practice over the last 15 years, and so I know from direct experience that its unique provisions play a catalytic role in unearthing evidence of fraud and recovering moneys lost to fraud, but also have harmful and counterproductive effects." 
 
Mr. Ogden invited Congress to consider a "sensible way forward from here, one that aligns government and business alike to prioritize preventing fraud before it diverts federal dollars from their intended uses, truly making compliance rather than litigation the first line of defense." Such a way forward would entail "encouraging and incentivizing all companies that work