ARTICLE · 03 JUNE 2009

Congress Amends Civil False Claims Act

McDermott Will & Emery

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The amendments expand the scope of liability under the False Claims Act and give the government enhanced investigative powers.

United StatesGovernment, Public Sector

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The amendments expand the scope of liability under the False Claims Act and give the government enhanced investigative powers.

On May 20, 2009, President Obama signed into law the 2009 amendments to the Civil False Claims Act contained in the Fraud Enforcement and Recovery Act (FERA). The amendments expand the scope of liability under the False Claims Act and give the government enhanced investigative powers.

Liability for Improper Retention of Government Overpayments

FERA specifies that an entity violates the False Claims Act if it "knowingly and improperly avoids or decreases an obligation" to pay money to the United States—including an obligation based on an "established duty . . . arising from . . . the retention of any overpayment."

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