What is the False Claims Act (FCA)?
The FCA, 31 U.S.C. 3729 et seq., is a federal statute designed to combat fraud against the federal Government. The original FCA dates back to 1863 and was enacted to combat fraud by private contractors during the Civil War. Congress amended the FCA substantially in 1986 in order to strengthen the public-private partnership between the qui tam relator and the Government. The 1986 FCA amendments increase rewards for successful whistleblowers, protect whistleblowers from employment retaliation, allow whistleblowers to remain as parties even after the Government joins in the action, and eliminate the need for a qui tam relator (or the Government) to prove specific intent to defraud (i.e., defendants can be held liable under the FCA for acting in “deliberate ignorance” or in “reckless disregard” of the truth). Today, FCA litigation has expanded far beyond the defense industry and in fact, spans the spectrum of fraudulent conduct. What types of conduct does the FCA prohibit? The FCA is viola
