A False Claims Act Year In Review, And A Look Forward

In this article, the author reviews the basic elements of the False Claims Act, its qui tam provisions, recent Department of Justice enforcement statistics and a number of recent False Claims Act developments.

The civil False Claims Act (FCA)¹ was enacted in 1863 in response to allegations of fraud in Civil War procurements. The FCA has since become the government's weapon of choice to combat fraud, waste, and abuse in government contracting. This article begins by briefly reviewing the basic elements of the FCA and its qui tam provisions, and recent Department of Justice (DOJ) enforcement statistics. This article then discusses a number of FCA developments, including:

1. The Supreme Court's actions regarding the government's authority to dismiss qui tam actions under 31 U.S.C. § 3730(c)(2)(A), and the correct pleading standard required to prove scienter;