A False Claims Act violation occurs when a person or entity deceives the Federal Government to improperly obtain money from the Government or improperly be relieved from paying money to the Government. 31 U.S.C. Section 3729(a) lists the specific misconduct the Act covers. The FCA prohibits, among other things:
A "claim" is "any request or demand, whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient" if any portion of it will be provided or reimbursed by the United States. Thus, requests for money or property made directly against the government or made to a party other than the government, will be actionable under the FCA if payment of the claim would ultimately result in a loss to the United States.
Certain claims are not actionable, including:
Persons who violate the False Claims Act are required to pay back the Federal Government three times the actual damages suffered, in addition to mandatory civil penalties of $5,500 to $11,000 for each false claim. The relator may recover as much as 30 percent of this total. A successful qui tam suit not only stops the dishonest conduct, but also deters similar conduct by others.
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