False Claims Act (Litigator Series)

False Claims Act (Litigator Series)

THIS CASEBOOK contains a selection of 25 U. S. Court of Appeals decisions that analyze and interpret provisions of the False Claims Act. The selection of decisions spans from January 2013 to the date of publication.

The FCA is designed to prevent fraud and reflects Congress' broad goal "to protect the funds and property of the government." U.S. ex rel. Owens v. First Kuwaiti Gen. Trading & Contracting Co., 612 F.3d 724, 728 (4th Cir.2010) (citation and quotation marks omitted). Under 31 U.S.C. Â§ 3729(a)(1), a person is liable to the United States government if he "knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval." To plead an FCA claim, a relator must plausibly allege four distinct elements: "(1) [] there was a false statement or fraudulent course of conduct; (2) made or carried out with the requisite scienter [knowledge]; (3) that was material; and (4) that caused the government to pay out money or to forfeit moneys due (i.e., that involved a 'claim')." Harrison v. Westinghouse Savannah River Co., 176 F.3d 776, 788 (4th Cir.1999). US ex rel. Rostholder v. Omnicare, Inc., 745 F. 3d 694 (4th Cir. 2014).

The FCA makes liable any person who presents the Government with false or fraudulent claims for payment or approval. 31 U.S.C. Â§ 3729. Section 3730(a) provides that the "Attorney General may bring a civil action under this section against the person" who violates Â§ 3729. Section 3730(b), the qui tam provision, provides that a "person may bring a civil action for a violation of section 3729 for the person and for the United States Government." Â§ 3730(b). "Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty." Â§ 3730(c)(5). Further, "[i]f any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section." Id. US ex rel. Babalola v. Sharma, 746 F. 3d 157 (5th Cir. 2014).

Under the first-to-file bar, "[w]hen a person brings an action under [the FCA], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action." 31 U.S.C. Â§ 3730(b)(5). A second action is "related" if it incorporates "the same material elements of fraud" as the earlier-filed action. U.S. ex rel. Hampton v. Columbia/HCA Healthcare Corp., 318 F.3d 214, 217 (D.C.Cir. 2003). "[T]wo complaints need not allege identical facts for the first-filed complaint to bar the later-filed complaint." Batiste, 659 F.3d at 1208. Instead, later actions are barred where the first would have "suffice[d] to equip the government to investigate" the fraud alleged in the later action. Id. at 1209. US, ex rel. Shea v. Cellco Partnership, 748 F. 3d 338 (DC Cir. 2014).
Country USA
Manufacturer LandMark Publications
Binding Kindle Edition
ReleaseDate 2014-11-17
Format Kindle eBook

Country	USA
Manufacturer	LandMark Publications
Binding	Kindle Edition
ReleaseDate	2014-11-17
Format	Kindle eBook

False Claims Act (Litigator Series)

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