Are there any False Claims Act provisions that are less commonly used in qui tam cases?
Yes. Less commonly used, 31 U.S.C. § 3729(a)(4) makes it unlawful to deliver less property or money to the Government than the amount set forth in the receipt. The provisions of 31 U.S.C. § 3729(a)(5) apply where the Government is given a false receipt for goods, such as where the receipt indicates that 100 muskets were sold to the Army, when in fact the box actually contained only 2 of the guns. Not often utilized, 31 U.S.C. § 3729(a)(6) applies when a Government employee sells Government property without proper authority to do so, which may occur in circumstances where the employee personally pockets the payment received.
