CHANGES TO THE FEDERAL FALSE CLAIM S ACT ARE ON THE
HORIZON
By Andrew L. Hurst, Gregory S. Jacobs, Andrew C. Bernasconi &
Nathan R. Fennessy
On May 20, 2009, the President signed into law the Fraud
Enforcement and Recovery Act of 2009 ("FERA"), which will
implement significant changes to the federal False Claims Act
("FCA"). The amendments to the FCA will significantly
expand the scope of FCA liability while at the same time making it
easier for quitam relators to bring and maintain FCA suits
on behalf of the government.
Fraud Enforcement and Recovery Act of 2009
Significant Changes to FCA Liability Provisions
The House and Senate both passed the bill with overwhelming
majorities before the President signed FERA into law. While the new
law is primarily targeted at potential fraud involving recipients
of economic stimulus funds in the financial services industry, it
also includes some very significant changes to the liability
provisions of the federal False
