For as long as I can remember, my employer has been bribing the defense minister of a middle eastern country in order to sell military aircraft. Does this type of activity fall under the False Claims Act?
It might. The bribery payment is criminal conduct but is itself not something that is prohibited under the False Claims Act. However, if somehow the bribery payment is part of the claim to the United States Government, for example, and is listed under advertising as “a cost of doing business” in a sole source contract, and If somehow the United States Government is funding portions of the contract, then yes, False Claims are being submitted to the United States for payment. See the answer above about the need for a contract with the United States Government.
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