False Claims Under False Claims Act
The False Claims Act imposes civil liability on “any person who . . . knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” or “knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim” paid by the Government. 31 U.S.C. § 3729(a)(1)(A) & (B).
The essential elements of an FCA claim are
- a false statement or fraudulent course of conduct,
- made or carried out with the requisite scienter,
- that was material, and
- caused the government to pay out money or forfeit moneys due.
- A factually false claim misrepresents what goods or services were provided to the Government.
- A legally false claim falsely certifies that the claiman] has complied with a statute or regulation the compliance with which is a condition for payment.
- evidence that the provision is expressly labeled a condition of payment and
- evidence that the government consistently refuses to pay claims in cases where the claimant did not comply with the provision.
Contact our False Claims Act Whistleblower Lawyers Today
- What is a qui tam whistleblower lawsuit?
- What types of false claims are prohibited by the False Claims Act?
- What is the first-to-file bar in False Claims Act qui tam cases?
- What is the requirement to file a False Claims Act qui tam action under seal?
- Are False Claims Act whistleblowers protected against retaliation?
- What is a reverse false claim?
- What is the statute of limitations for a False Claims Act qui tam action?
- What is the public disclosure bar in the False Claims Act?
- What is the original source exception to the public disclosure bar?
- What is materiality under the False Claims Act?
- What is “Scienter” Under the False Claims Act?
- Is a Violation of the Anti-Kickback Law Also a Violation of the False Claims Act?
- Does the False Claims Act Prohibit Bid-Rigging?
- Does the False Claims Act Prohibit Fraudulent Inducement of a Contract?
- Can a violation of Good Manufacturing Practices give rise to False Claims Act Liability?
- Is there a heightened pleading requirement for False Claims Act qui tam cases?
- Does the False Claims Act authorize treble damages?
- Must a False Claims Act qui tam relator have firsthand knowledge of all aspects of the fraud?