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Expert Analysis

How 2 Recent Cases Limit FCA Exposure

Law360, New York (January 23, 2013, 12:45 PM EST) -- The False Claims Act makes it unlawful for companies to knowingly make false claims for payment to the federal government.[1] Companies also are prohibited from making false records or statements that are material to receiving payment from the government. Liability under the FCA arises when companies knowingly make false claims, which may include actual knowledge of the falsity, deliberate ignorance of the falsity, or reckless disregard of the falsity. Claims may be brought by the government, but often are brought by whistleblowers (or "relators") filing qui tam suits....

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