Current Issues in False Claims Litigation

In recent years, litigation under the civil False Claims Act (FCA) has multiplied at a rapid pace. This surge is due in part to an increase in potential recovery: $5,500 to $11,000 per false claim for claims arising after September 29, 1999, plus treble damages. As FCA litigation has expanded, courts have been faced with the difficult job of interpreting and applying statutory provisions whose meanings are not always clear. It should come as no surprise that the courts are often not in agreement, which ultimately leads to confusion among litigants, including Government contractors, who often find themselves the target of a false claims action.