Guide · Litigation

The False Claims Act: A Comprehensive Guide to Qui Tam Litigation and Government Fraud Enforcement

31 U.S.C. §§ 3729

Type
Guide
Jurisdiction
National
Date
2024-01-12
Topic
Litigation

A complete practitioner's treatment of the False Claims Act for relators, defendants, and compliance counsel. Part I sets the statutory architecture and history through the 1986 and 2009 amendments. Part II works each liability provision including the reverse false claim. Part III catalogs the falsity theories from factual falsity through express and implied certification, worthless services, and fraud in the inducement. Parts IV and V cover the two elements that decide modern cases: scienter after United States ex rel. Schutte v. SuperValu, which made the inquiry subjective, and the rigorous materiality standard of Universal Health Services v. Escobar with its continued-payment factor. Part VI covers damages, the per-claim penalty structure, and the Excessive Fines Clause challenge. Part VII walks the qui tam procedure from the sealed complaint and disclosure statement through intervention. Part VIII covers the first-to-file and public disclosure bars, the original source exception, and limitations after Cochise Consultancy. Parts IX and X cover pleading under Rule 9(b), discovery, the government's dismissal power after Polansky, and settlement including corporate integrity agreements. Part XI covers retaliation. Parts XII and XIII cover the health care overlay and the growth areas in contracting, customs, grants, and cybersecurity. Part XIV is defense-side compliance and response, and Part XV covers parallel whistleblower programs and state false claims acts.

The False Claims Act: A Comprehensive Guide to Qui Tam Litigation and Government Fraud Enforcement

Litigation > Whistleblower and Qui Tam | Published 12 January 2024 - Updated 23 May 2026 | UpLaw - uplaw.us

In brief. The False Claims Act is three things at once. It is a liability statute with a knowledge standard that reaches recklessness. It is a remedy statute whose treble damages and per-claim penalties routinely produce exposure an order of magnitude above the loss. And it is a procedural regime — sealed filings, government investigation, intervention decisions, and statutory bars — that eliminates most cases before anyone reaches the merits. A practitioner strong on liability and weak on procedure will lose cases that should have settled well.

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