A False Claims Act prosecution refers to legal action taken against an individual or entity for allegedly violating the False Claims Act (FCA), a federal law that imposes liability on those who defraud government programs or contracts.
The False Claims Act is a powerful tool used by the government to combat fraud, waste, and abuse in federal programs and contracts. It covers a wide range of activities, including submitting false claims for payment, making false records or statements to get a claim paid, and conspiring to defraud the government.
In a False Claims Act prosecution, the government alleges that the defendant knowingly submitted false or fraudulent claims for payment or made false statements related to a government program or contract. This can include activities such as billing for services not rendered, misrepresenting the goods or services provided, or violating regulatory requirements.
FCA cases can be initiated by the government itself or by whistleblowers (known as qui tam relators) who file suit on behalf of the government. If successful, the government can recover three times the amount of its losses, plus additional penalties for each false claim.
False Claims Act prosecutions often involve complex legal and factual issues, requiring a thorough understanding of relevant laws, regulations, and industry practices. Defendants in these cases may face substantial financial penalties, exclusion from federal programs, and even criminal charges in some cases. Defending against a False Claims Act prosecution typically involves challenging the government’s allegations, demonstrating a lack of intent or knowledge of wrongdoing, or asserting legal defenses such as statutory exceptions or limits on liability. It is crucial for individuals or entities facing such charges to seek experienced legal counsel to navigate the complexities of these cases and protect their rights and interests.