Where may a False Claim Act complaint be filed?
Subsection 3732(a) is the basic venue provision of the FCA. It establishes venue in the usual locations, with one important twist. Venue is appropriate when “in the case of multiple defendants, any one defendant can be found, resides [or] transacts business.” Therefore, in a case where more than one defendant is named, venue is appropriate in a district where at least one of the defendants had contacts. This provision can impose a substantial burden upon a distant defendant who has no real contact with the pertinent judicial district in which an action is brought, since barring transfer under 28 U.S.C. ‘ 1404 (a), that is where the matter must be tried. It is important to bear in mind that Section 3732(a) is not a jurisdictional provision. United States ex rel. Thistlethwaite v. Dowty Woodville Polymer, 110 F.3d 861, 863 (2d Cir.1997). Frequently, relators will plead section 3732(a) as their jurisdictional prerequisite. This is incorrect and can serve as a basis for dismissal upon appr
