The False Claims Act - Explained
What is the False Claims Act?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the False Claims Act?
The False Claims Act (FCA) is a federal law that provides criminal and civil sanctions for those who commit fraud against the US Government.
What are Actions under the False Claims Act?
The False Claims Act (FCA) is well known for authorizing a special type of civil action, Qui Tam or Whistleblowing.
A Qui Tam action allows a civil plaintiff to bring an action against a company on behalf of the Federal Government.
The criminal and civil provisions of the FCA prohibit the following conduct:
- Knowingly presenting, or causing to be presented a false claim for payment or approval;
- Knowingly making, using, or causing to be made or used, a false record or statement material to a false or fraudulent claim;
- Conspiring to commit any violation of the False Claims Act;
- Falsely certifying the type or amount of property to be used by the Government;
- Certifying receipt of property on a document without completely knowing that the information is true;
- Knowingly buying Government property from an unauthorized officer of the Government, and;
- Knowingly making, using, or causing to be made or used a false record to avoid, or decrease an obligation to pay or transmit property to the Government; and
- Retaliation based upon reporting any of the above infractions.
The unique aspect of the FCA is that it allows individuals reporting criminal fraud against the government and those bringing Qui Tam actions to receive a portion of the proceeds recovered by the government.
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