What constitutes a claim under section 3729(c) of the False Claims Act?
It is important to bear in mind that the definition of “claim” is broadly specified in the act: any request or demand, whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the United States Government provides any portion of the money or property which is required or demanded, or if the Government will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. (Emphasis added.) Therefore, false claims or fraudulent documents do not have to be submitted to the government directly, the provision covers virtually anything of value, and the Act follows the flow of government money or property. The safest rule of thumb is that if the money or property at issue originated with the government, the FCA will reach it. The definition of a claim does not depend on the manner in which funds are received from the government. A claim can be a direct request for f
