caption 'Public Disclosure' Bar Can Limit False Claims Act's Fraud Suits
Lawsuits under the FCA can help to reduce fraud, and can lower the costs of federal insurance and other federal programs. One of the first things that parties bringing such actions, as well as defendants who are sued, should consider is whether the public disclosure bar applies.
November 01, 2023 at 10:00 AM
10 minute read
Insurance
The federal False Claims Act (FCA) imposes civil liability on anyone who "knowingly presents" a "fraudulent claim for payment" to the federal government. 31 U.S.C. §3729(a)(1)(A). The FCA's qui tam provisions allow private citizens, referred to as "relators," to bring fraud claims on the government's behalf against those who have violated the FCA's prohibitions. See 31 U.S.C. §3730(b)(1). If the government declines to intervene, the relator may prosecute the action and, if successful, may recover a percentage of the damages. See 31 U.S.C. §§3730(b)(4), (d)(2).
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