On May 29, 2009, Congress enacted the Fraud Enforcement and Recovery Act of 2009 to expand the reach of the Civil False Claims Act, 31 U.S.C. 3730, et. seq., and safeguard taxpayer funds. In doing so, Congress amended Section 3730(h) of the Civil False Claims Act (FCA), the anti-retaliation provision, to broaden protections for whistleblowers who alert their employers and/or the government about the misuse of taxpayer funds. Following these amendments, Congress sharpened the FCA’s enforcement teeth to not only recoup taxpayer money but also to further encourage the reporting of fraudulent conduct in an effort to help the government combat fraud and abuse in the administration of its programs.

The U.S. government is one of the world’s largest consumers and the single largest purchaser of goods and services within the United States. The FCA authorizes the government to recover monetary damages from parties who file fraudulent claims for payment when supplying it with goods or services. Actions under the FCA can be initiated either by the government or via a qui tam action. See 31 U.S.C. 3730(b)-(d); see also Mann v. Heckler & Koch Defense (4th Cir. 2010) (a qui tam action is brought by a private party “in the name of the United States”).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]