'Objective Falsity' and the FCA: An Ongoing Circuit Split | Foley Hoag LLP - Medicaid and the Law
[author: Regina DeSantis] The False Claims Act (“FCA”) is a Federal statute originally enacted in 1863 as a response to fraud from defense contractors during the American Civil War. Under the FCA (31 U.S.C. §§ 3729 – 3733), it is a crime for any person to knowingly submit false or fraudulent claims for payment to the United States government. Those who violate the FCA are liable for treble damages plus a per-claim monetary penalty (calculated to align with inflation). Private citizens can file whistleblower suits on behalf of the government (“ qui tam”) against those who have ...